1996-038NOTE ON ADVICE OF THE LEGAL DEPARTMENT, THIS ORDINANCE WAS NOT
EXECUTED AS IT WAS NOT A BID.
ORDn ANCE NO qb-OS?
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD
OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS, PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the City has solicited, received and tabulated competitive bids for the
construction of public works or u-nprovements in accordance w~th the procedures of STATE law
and City ordinances, and
WHEREAS, the City Manager or a designated employee has received and recommended that
the hemm described bids are the lowest responsible bids for the construction of the public works or
improvements described in the bid invitation, bid proposals and plans and specifications therein,
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the following competitive bids for the construction of public works or
unprovements, as described m the "Bid InvitaUons", "Bid Proposals" or plans and specifications on
file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto,
are hereby accepted and approved as being the lowest responsible bids
PURCHASE
~ CONTRACTOR AMOUNT
60177 ASH PROPERTIES $16,760 00
SECTION II That the acceptance and approval of the above competitive bids shall not
constitute a contract between the City and the person submitting the bid for construction of such
public works or improvements herein accepted and approved, until such person shall comply with
all requirements specified in the Notice to Bidders including the timely execution of a written
contract and furmslung of performance and payment bonds, and insurance certificate after
notification of the award of the bid
SECTION III That the City Manager is hereby authorized to execute all necessary written
contracts for the performance of the construcuon of the public works or improvements in accordance
with the bids accepted and approved herein, provided that such contracts are made in accordance
w~th the Notice to Bidders and Bid Proposals, and documents relating thereto specif~ing the terms,
conditions, plans and specifications, standards, quantities and specified sums contained therein
SECTION iE That upon acceptance and approval of the above competitive bids and the
execution of contracts for the public works and improvements as authorized herein, the City Council
hereby authorizes the expenditure of funds in the manner and in the amount as specified in such
approved bids and authorized contracts executed pursuant thereto
SECTION_V_ That tlus ordinance shall become effective ~mmedlately upon ~ts passage and
approval
PASSED AND APPROVED flus the ___ day of _,1996
BOB CASTLEBERRY, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
BY
CONTRACT DOC
DATE FEBRUARY 20, 1996
CITY_COIJZNCIL REPDRT
TO Mayor and Members of the City Council
FROM Prick Svehla, Acting City Manager
SUBJECT PURCHASE ORDER #60177 ASH PROPERTIES
cio SCOTT BROWN PROPERTIES
RE~TION. We recommend purchase order #60177 to Ash Properties be approved
m the amount of $16,760 00
~ This purchase order to Ash Properties Is for the annual lease of the Community
Development Block Grant (CDBG) offices in the Texas Building located at 100 W Oak A contract
was originally signed on September 29, 1995 in the amount of $14,136 00 After that sigmng the
office occupied by Malnstreet became vacant The CDBG staff is requesting authorization to
increase the annual lease to $16,760 00 and to occupy those offices The additional space will be
used as conference areas for contractor meetings and as private consultation areas when discussing
income ehg~bthty and other matters relating to assistance request
This $2,624 00 add on would expire with the existing contract for space on July 31, 1996
BACKGRDI/]~II~ Purchase Order #60177, Lease dated September 29, 1995 and January 30, 1996
PROGRAMS.. DEPART_ME~ISOR~AF~FECIED~ Community Development Block
Grant and Ash Properties
I~ISCAL_II~ACT~ Payments on the two lease agreements will be taken from 1995-96 CDBG
budget funds
Respectfully submitted
Rink Svehla
Acting City Manager
Name Tom D Shaw, CPM
T~tle Purchasing Agent
703 AGENDA
LEASE AGREEMENT BETWEEN ~ CITY OF
DENTON, TEXAS AND SCOTT BROWN PROPERTIES
I
PARTIES. This Lease is between the City of Denton, 215
McKlnney, Denton, Texas, ("Lessee") and Scott Brown Propertles, 205
N Locust, Denton, Texas ("Lessor") to lease property located at
100 W. Oak, Suite 206, 208 and 210 ~n the Texas Building
(,,Property")
II
TERM. The in~tial term of this Lease shall commence on the 1st
day of September, 1995, and end on the 31st day of July, 1996 A
new Lease Agreement must be signed by both partLes 30 days before
the end of the above term, unless written notice of termination is
g~ven by either party
III
MOVE-O~T NOTICE AND EARLY MOVE-OUT At least 30 days written
not~ce of intent to move out must be g~ven to Lessor In no event
may Lessee's move-out notice terminate the Lease sooner than the
end of the Lease term unless there is substantial malfunction of
utllxties or damages by water or fire, or similar cause as speci-
fied below under Section X, DAMAGES AND DESTRUCTION
IV
S~u~ITY DEPOSIT Lessee agrees that the security deposxt
shall be in an amount equal to that security deposit provided in
the lease between Lessee and Lessor for the Property with a term
beglrming on October 1, 1994 and ending on July 1, 1995
V
RENT Lessee shall pay One Thousand One Hundred Seventy-eight
Dollars ($1,178 00) per month for rental, on or before the first
day of each month (the due date) If all rent is not paid by
3rd day of the month, Lessee agrees to pay an initial late charge
of Twenty-five Dollars ($25 00) plus a late charge of $1 50 per day
thereafter until pa~d in full Lessee agrees to pay a charge of
Twenty-five Dollars ($25 00) for each returned check
VI
CONDITIO~OF PREMISES. Property is expected to be in the same
condxtlon at the time of move-out as it was at the time of move-in,
reasonable wear and tear made during occupancy, and improvements
made prLor to occupancy excepted Lessee agrees to test smoke
detectors before occupying the Property, and is responsible for
notifying Lessor =f smoke detectors are not functional throughout
Lessee's occupancy.
Batteries for smoke detectors, AC fLlters, and 1Lght bulbs wLll be
replaced at Lessee's expense
VII
INSURANCE. Lessor shall pay for fire and extended coverage on
the Property.
viii.
LX.A~ZLZ'I~. Lessor wLll not be liable to Lessee or Lessee's
~uests for any damages or losses to person or property, including
theft, burglary, assault, vandalism, or other crimes Lessor will
not be liable to Lessee or guests for personal in]ury or for damage
to or loss of their personal property from fire, flood, water leak,
rain, haL1, Lce, snow, lightning, wind, explosion, interruption of
utxlLtxeS, or other occurrences unless t~e damages from these
occurrences are attrLbutable Ln any way to Lessor's negligence
Lessor sCrongly recommends that Lessee secure its own insurance to
protect agaxnst all of the above occurrences
IX
~pA/RBA~DMALwu~CTIONS Lessee agrees to request all repairs
and services in writing to Lessor, except Ln an emergency when a
telephone call will be accepted Workers shall have the r~ght to
temporarily turn off equlpment and Lnterrupt utLlltLes to perform
repaLrs or maLntenance which requLre such interruption. Lessor
shall keep the fo~ndatLon, the exterior walls, and the roof in good
repaLr except that Lessor shall not be requLred to make any repaxrs
occasioned by the neglLgence of Lessee, Lts employees, subtenants,
1Lcenseesand concessLonazres Lessor wLllmake all repairs wzth~n
a reasonable t~me of Lessee's request
X
DAN~GI~%NDDESTRUCTION In case of malfunction of utllitLes or
damage by fxre, water or sLmllar cause, Lessee shall notify Lessor
lmmedLately The Lease shall continue and rent shall not abate
during such perLods, unless the damages are substantLal If
damages are substantial, Lessor or Lessee may termLnate this Lease
in writxng In this case, rent shall be prorated and the balance
and deposits refunded
XI
REIMB~BEMENT Lessee shall promptly reimburse Lessor for any
loss, property daraage, or cost of repairs or services caused to the
Property by neglLgence or ~mproper use by Lessee or guests Th~s
Lncludes damages to doors, wLndows, or screens, repair costs and
damages from plumbLng stoppages Ln 1Lnes exclusively serving
Property, and damages from windows or doors left open Lessor's
failure or delay ~n demanding damage reLmbursement, late-payment
PAGE 2
XII
~LE~SORMAY E~'~R. Lessor may enter Property when and if
the rent is more than seven (7) days delinquent
xIII
CONTRACTUAL LIEN AND ABATEMENT Ail personal property on the
premises is subjected to a contractual lien to secure payment of
delinquent rent. In order to exercise contractual lien rights,
Lessor may enter the premises and remove and store all such
property, provided the resident be present or written notice of
entry must be left afterward
XIV
CLEANING. Upon move-out, the property must be cleaned
thoroughly If Lessee fa~ls to clean, reasonable charges to
complete such cleaning shall be deducted
PERSONAL Lessee's telephone number is (817) 383-7726
XVI
ADDITIONAL ITEMS. Lessor will carpet, paint, and patch
plumbing hole in 210 upon finish~ut
EXECUTED this ~day of ~' 19~
CITY OF DE~TON, TEXAS
LLOYD~ HARRELL, CITY M~A~
ATTEST'
JENNIFER WALTERS, CITY SECRETARY
PAGE 3
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
SCOTT BROWN PROPERTIES
SCOTT BROWN, OWNER
PAGE 4
LEASE AGREEMENT BETWEEN THE CITY OF
DENTON, TEXAS AND SCOTT BROWN PROPERTIES
I
PARTIES Thls Lease is between the City of Denton, 215 E
McK~nney, Denton, Texas, ("Lessee") and Scott Brown Properties, 205
N Locust, Denton, Texas ("Lessor") to lease property located at
100 W Oak, Suite 204 in the Texas Building ("Property")
II
TERM The initial term of this Lease shall commence on the
18th day of December, 1995, and end on the 31st day of July, 1996
A new Lease Agreement must be signed by both parties 30 days before
the end of the above term, unless written notice of termination ~s
g~ven by e~ther party
III
MOVE-OUT NOTICE AND EARLY MOVE-OUT At least 30 days written
notice of intent to move out must be g~ven to Lessor In no event
may Lessee's move-out notice terminate the Lease sooner than the
end of the Lease term unless there ~s substantial malfunction of
utilities or damages by water or f~re, or similar cause as speci-
fied below under Section X, DAMAGES AND DESTRUCTION
IV
RENT Lessee shall pay Three Hundred Twenty-eight Dollars
($328 00) per month for rental, on or before the first day of each
month (the due date) If all rent is not paid by the 3rd day of
the month, Lessee agrees to pay an initial late charge of Twenty-
five Dollars ($25 00) plus a late charge of $1 50 per day
thereafter until paid in full Lessee agrees to pay a charge of
Twenty-five Dollars ($25 00) for each returned check The rent for
the month of December shall be pro-rated for the port~on of the
month the leased premises is subject to this Lease Agreement
V
CONDITION OF PREMISES Property is expected to be in the same
cond~tlon at the time of move-out as it was at the time of move-in,
reasonable wear and tear made during occupancy, and improvements
made prior to occupancy excepted Lessee agrees to test smoke
detectors before occupying the Property, and ~s responsible for
notifying Lessor if smoke detectors are not functional throughout
Lessee's occupancy Batteries for smoke detectors, AC filters, and
light bulbs will be replaced at Lessee's expense
VI
INSURANCE Lessor shall pay for fire and extended coverage on
the Property
VII
LIABILITY Lessor will not be liable to Lessee or Lessee's
guests for any damages or losses to person or property, including
theft, burglary, assault, vandalism, or other crimes Lessor w~ll
not be liable to Lessee or guests for personal ~n]ury or for damage
to or loss of their personal property from fire, flood, water leak,
rain, hall, 1ce, snow, lightning, wind, explosion, interruption of
utilities, or other occurrences unless the damages from these
occurrences are attributable 1n any way to Lessor's negligence
Lessor strongly recommends that Lessee secure 1ts own insurance to
protect against all of the above occurrences
VIII
REPAIRS ANDMALFUNCTIONS Lessee agrees to request all repairs
and services in writing to Lessor, except ~n an emergency when a
telephone call will be accepted Workers shall have the right to
temporarily turn off equipment and ~nterrupt utilities to perform
repairs or malntenance which require such interruption Lessor
shall keep the foundation, the exterior walls, and the roof in good
repair except that Lessor shall not be required to make any repairs
occasioned by the negligence of Lessee, its employees, subtenants,
l~censees and concessionaires Lessor w~ll make all repairs within
a reasonable time of Lessee's request
IX
DAMAGE AND DESTRUCTION In case of malfunction of utilities or
damage by fire, water or similar cause, Lessee shall notify Lessor
immediately The Lease shall continue and rent shall not abate
during such periods, unless the damages are substantial If
damages are substantial, Lessor or Lessee may terminate this Lease
in writing In this case, rent shall be prorated and the balance
and deposits refunded
X
REIMBURSEMENT Lessee shall promptly reimburse Lessor for any
loss, property damage, or cost of repairs or servlces caused to the
Property by negligence or improper use by Lessee or guests This
~ncludes damages to doors, windows, or screens, repair costs and
damages from plumbing stoppages in lines exclusively serving
Property, and damages from windows or doors left open Lessor's
failure or delay in demanding damage reimbursement, late-payment
charges, returned checks or other sums due shall not be deemed a
waiver, and Lessor may require payment at any time Lessor may
require advance payment of repairs for which Lessee is liable
XI
WHEN LESSOR MAY ENTER Lessor may enter Property when and if
the rent is more than seven (7) days delinquent
PAGE 2
XII
CONT~AC~ LIEN AND ~ATEMENT All personal property on the
premises is subjected to a contractual lien to secure pa~ent of
delln~ent rent In order to exercise contractual lien rights,
Lessor may enter the premlses and remove and store all such
property, provided the resident be present or written not~ce of
entry must be left afte~ard
XIII
CLEANING yon move-out, the property must be cleaned
thoroughly If Lessee falls to clean, reasonable charges to
complete such cleaning shall be deducted
XIV
PERSONAL Lessee's telephone nu~er is (817) 383-7726
XV
EFFECTI~ DATE. This Lease Agreement shall be effective the
18th day of Dece~er, 1995
EXEC~ED this ~O~ day of ~~ , 1996.
CITY OF DENTON, TE~S
Y . ~
RIC~ S~HL~,' ACTING CITY MANAG '
ATTEST
JENNIFER WALTERS, CITY SECRETARY
PAGE 3
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
SCOTT BROWN PROPERTIES
SCOTT BROWN, OWNER
PAGE 4