1992-211AN ORDINANCE APPROVING AN AGREEMENT PROVIDING FOR THE LEASE OF
OFFICE SPACE AT 324 EAST MCKINNEY STREET; AND DECLARING AN
EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the City Council of the City of Denton hereby
approves an office lease agreement between the City and Joan
Cohagen, Rickye Earl Coleman and Patrlcla Pennington for office
space at 324 East McKinney Street in accordance with the terms
thereof, a copy of which is attached hereto and incorporated
herein.
SECTION II. That the expenditure of funds pursuant to the base
is hereby authorized.
SECTION III. That this ordinance shall become effectIve
Immediately upon its passage and approval.
PASSED AND APPROVED this the ~"day of ~ 1992.
BOB CASTLEBERRY, MAYOI~-~
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: .. _
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
AAA00B6A
AAAOOB6A
OFFICE LEASE AGREEMENT
Thls lease agreement is made and entered into by and between
the City of Denton, Texas, a municipal corporation located at
215 East McKinney Street, Denton, Texas ("Lessee"), and Joan
Cohagen, an individual residing in Denton County, Texas, and Rlckye
Earl Coleman and Patricla Pennington, Executors of the Estate of
Earl L. Coleman (collectively, "Lessor").
In consideration of the mutual covenants and agreements herein
set forth, and other good and valuable consideration, Lessor does
hereby demise and lease to Lessee, and Lessee does hereby lease
from Lessor, office space comprising 6,465 square feet of usable
space, located on the first floor of the building at 324 East
McKinney, Denton, Texas, and hereinafter called the "leased
premises".
ARTICLE 1.
The term of this lease shall commence at 12:01 mldnlght on
December 31, 1992, and end at 12:00 mldnlght on December 31, 1999,
subject, however, to earlier termination as hereinafter more
partlcularly described.
Lessor shall on the commencement date of the term of th~s lease
as herelnabove set forth, place Lessee in quiet possession of the
leased premises and shall secure ~t in the quiet possession thereof
against all persons lawfully claiming the same during the entire
lease term and any extensions thereof.
ARTICLE 2.
Lessee shall pay Lessor at 318B East Oak Street, Denton, Texas,
as rent for the leased premises, the amount of $7,539.00 each
month, which shall be payable on the first day of each month.
It ls further understood and agreed by and between the parties
hereto that the Lessee may cancel and terminate this lease upon
n~ne (9) months written notice to Lessor.
ARTICLE 3.
Lessee wlll use the leased premises only for office purposes,
including data processing operations, and restrict their use to
such purposes unless Lessor or Lessor's authorized agent shall give
Lessee prior written consent for a different use.
Lessor agrees that at all times the Lessee and public shall
have the unobstructed use of the area immediately north of and
adjacent to the leased building for the parking of vehicles and, if
requested by Lessor during the lease term, Lessor shall designate
an additional ten (10) parking spaces on the east side of the
leased building for the exclusive use of the Lessee. Lessor agrees
that Lessee may limit or restrict the use of these parking spaces
as necessary to conduct business ~n an orderly and efficient manner
and to provide adequate service to persons conducting bus~ness w~th
Lessee.
ARTICLE 4.
Lessee acknowledges that its acceptance of possession of the
leased premises constitutes a conclusive admission that it has
lnspected the leased premises and has found them in good condltlon
and repair. Lessee agrees to surrender the leased premises to
Lessor at the end of the lease term in good order or condition,
allowing for reasonable use and wear.
ARTICLE 5.
Lessee shall pay for all utilities furnished the leased
premises for the term of thls lease, including electricity, gas,
water, and telephone services. Usual janitorial and maintenance
services including sweeping and waxing of floors, the cleaning of
windows, and replacement of light bulbs or fluorescent tubes shall
be performed by Lessee.
ARTICLE 6.
A. Lessee shall be responsible for only minor maintenance, and
Lessor shall be responsible, at Lessor's expense, for all major
maintenance of the leased premises so that the premises will have'
(1) effective waterproofing and weather protection of roof and
exterior walls, including unbroken windows and doors,
unless the damage is caused by other than natural hazards
and normal wear;
(2) a satisfactory foundation and structural frame to maintain
the leased premises in condition fit for 1ts intended use,
(3) building, grounds, and appurtenances at the t~me of the
commencement of the lease in every part clean, sanitary,
and free from all accumulations of debris, f~lth, rubbish,
garbage, rodents, and vermin, and all areas under control
of Lessor thereafter kept in every part clean, sanitary,
and free from all accumulations of debris, filth, rubbish,
garbage, rodents, and vermin.
Lessee will assume responsibility for all repairs resulting
from damages caused by the Lessee and any equipment or remodeling
work performed by the Lessee. Lessee will also assume responsi-
bility for all major plumbing repalrs such as, but not limited to,
a sewer line collapse. Lessee will also assume all responsibility
PAGE 2
for repairs to air conditioning and heating systems for the leased
premises until the termination of this lease.
B. Notwithstanding the other provisions of this Article, Lessee
shall construct one ramp on the premises to be accessible to the
disabled and, if necessary, two door knobs on the outside front
door of the building on the premises, to meet the requirements of
the Americans with Disabllltles Act of 1990. Lessor shall remodel,
within 30 days of Lessee's request, one of the water closets to
meet the requirements of the Americans with Disabilities Act of
1990. Lessee agrees to pay one-half of the cost of such
remodeling, within 30 days of mailing of an invoice from Lessor, if
Lessor has first furnished an estimate of the cost of such
remodeling to Lessee and Lessee agrees to the cost. If Lessee does
not agree, Lessee and Lessor shall agree each to pay half of the
costs as provided to an estimate prepared'by a constructor doing
business in Denton.
ARTICLE 7.
Lessee shall not make any alterations, additions, or Improve-
ments to the leased premises without the prior written consent of
Lessor. Consent for nonstructural alterations, additions, or
~mprovements shall not be unreasonably withheld by Lessor. Lessee
shall have the right at all times to erect or install furniture and
fixtures, provided that Lessee complies with all applicable
governmental laws, ordinances, and regulations. Lessee shall have
the right to remove at the termination of this lease such items so
installed; however, Lessee shall, prior to the termination of this
lease, repair any damage caused by such removal.
ARTICLE 8.
Partial destruction of the leased premises shall not render
this lease void or voidable, or terminate it except as herein
provided. If the premises are partially destroyed during the term
of this lease, Lessor shall repair them, when such repairs can be
made in conformity with local, state, and federal laws and
regulations within sixty (60) days of the partial destruction
Rent for the premises will be reduced proportionately to the extent
to which the repair operations interfere with the normal conduct of
Lessee's business on the premises. If the repairs cannot be so
made within the time limited, Lessor has the option to make them
within a reasonable time thereafter, not to exceed thirty (30) days
and continue this lease ~n effect with proportional rent rebate to
Lessee as provided for herein. If the repairs cannot be so made in
sixty (60) days and ~f Lessor does not elect to make them within
the reasonable time thereafter, either party hereto has the option
to terminate this lease. If the building in which the leased
premises are located is more than one-third (1/3) destroyed, Lessor
may, at Lessor's option, terminate the lease whether the premises
are damaged or not.
PAGE 3
ARTICLE 9.
Lessee agrees not to assign or sublease the premises leased,
any part thereof, or any right or privilege connected therewith, or
to allow any other person, except Lessee's agents and employees, to
occupy the premises or any part thereof, without first obtalning
the Lessor's written consent. Lessee's interest In this lease is
not assignable by operation of law, nor is any assignment of 1ts
interest herein, without Lessor's written consent.
ARTICLE 10.
Lessor shall pay and fully discharge all taxes, special
assessments, and governmental charges of every character imposed
during the term of this lease on the leased premises or any part
thereof.
ARTICLE 11
Lessee shall have the right to erect signs on any portion of
the leased premises including, but not limited to, the exterior
walls of the building. Lessee shall remove all signs at the
termination of this lease, and shall repair any damage and close
any holes caused by such removal.
ARTICLE 12
Lessee shall permit Lessor and their agents to enter into and
upon the leased premises at reasonable times for the purpose of
inspecting the same or for the purpose of maintaining or making
repairs or alterations to the building.
ARTICLE 13
If during the term of this lease or any extension or renewal
thereof, all of the leased premises should be taken for any public
or quasi-public use under any governmental law, ordinance, or
regulation, or by right of eminent domain, or should be sold to the
condemning authority under threat of condemnation, this lease shall
terminate and the rent shall be abated during the unexpired portion
of this lease, effective as of the date of the taking of said
premises by the condemning authority.
If less than all of the leased premises shall be taken for any
public or quasi-public use under any governmental law, ordInance,
or regulation, or by right of eminent domain, or should be sold to
the condemning authority under threat of condemnation, this lease
shall not terminate but Lessor shall forthwith at their sole ex-
pense, restore and reconstruct the building and other ~mprovements,
situated on the leased premises, provided such restoration and re-
construction shall make the same reasonably tenantable and suitable
for the uses for which the premises are leased. The rent payable
hereunder during the unexpired portion of this lease shall be
adjusted equitably.
PAGE 4
Lessor and Lessee shall each be entitled to receive and retain
such separate awards and portions of lump sum awards as may be
allocated to their respective interests in any condemnation
proceedings. The termination of this lease shall not affect the
right of the respective parties to such awards.
ARTICLE 14.
Lessor will not permit any mechanics' lien or liens to be
placed upon the premises or the building or improvements thereon
during the term hereof, and in case of the filing of any such lien
Lessor will promptly pay same. If default in payment thereof shall
continue for twenty (20) days after written notice thereof from
Lessee to Lessor, the Lessee shall have the right and privilege at
Lessee's option of paying the same or any portion thereof without
inquiry as to the validity thereof, and any amounts so paid,
Including expenses and interest, shall be an indebtedness hereunder
due from Lessor to Lessee and shall be repaid to Lessee immediately
on rendition of bill therefor, together with interest at nine (9%)
percent per annum until repaid.
ARTICLE 15.
Lessor is expressly given the right to assign any or all of ~ts
interest under the terms of th~s lease; provided, however, that
Lessor agrees to g~ve thirty (30) days written notice to Lessee of
such assignment including the name and mailing address of such
assignee.
ARTICLE 16.
If Lessee shall allow the rent to be in arrears more than
fifteen (15) days after written notice of such delinquency, or
shall remain in default under any other condition of this lease for
a period of thirty (30) days after written notice from Lessor,
Lessor may at its option, with notice to Lessee, terminate this
lease and take possession of said premises without being deemed
guilty of any manner of trespass, and relet the premises or any
part thereof, for all or any part of the remainder of said term, to
a party satisfactory to Lessor, and at such monthly rental as
Lessor may with reasonable diligence be able to secure. Should
Lessor be unable to relet after reasonable efforts to do so, or
should such monthly rental be less than the rental Lessee was
obligated to pay under this lease, or any renewal thereof, plus the
expense of relettlng, then Lessee shall pay the amount of such
deficiency to Lessor.
ARTICLE 17.
If Lessor defaults in the performance of any term, covenant, or
condition required to be performed by Lessor under th~s agreement,
Lessee may elect either one of the following:
PAGE 5
(a) After not less than fifteen (15) days notice to Lessor,
Lessee may remedy such default by any necessary action, and
in connection with such remedy may pay expenses and employ
counsel; all sums expended or obligations incurred by
Lessee in connection therewith shall be paid by Lessor to
Lessee on demand, and on failure of such reimbursement,
Lessee may, in addition to any other right or remedy that
Lessee see may have, deduct the costs and expenses thereof
from rent subsequently becoming due hereunder; or
(b) Elect to terminate this agreement on giving at least thirty
(30) days notice to Lessor of such intention, thereby
terminatlng this agreement on the date designated in such
notice.
ARTICLE 18.
Should Lessee, or any of ~ts successors in interest, hold over
the premises, or any part thereof, after the expiration of the term
of this lease, unless otherwise agreed in writing, such holding
over shall constitute and be construed as tenancy from month to
month only, at a rental equal to the rent payable for the last
month of the term of this lease plus fifty (50%) percent of such
amount. The inclusion of the preceding sentence shall not be
construed as Lessor's consent for Lessee to hold over.
ARTICLE 19.
All notices provided to be given under this agreement shall be
given by certified mall or by hand delivery, addressed to the
proper party, at the following address:
LESSOR: LESSEE:
Joan Cohagen city Manager
318 B East Oak 215 East McKinney
Denton, Texas 76201 Denton, Texas 76201
ARTICLE 20.
(a) This agreement shall be binding upon and inure to the
benefit of the parties hereto and their respective heirs,
executors, administrators, legal representatives, successors, and
assigns where permitted by this agreement.
(b) This agreement shall be construed under and in accordance
with the laws of the State of Texas, and all obligations of the
parties created hereunder are performable in Denton County, Texas.
(c) In case any one or more of the provisions contained in this
agreement shall for any reason be held to be invalid, illegal, or
unenforceable in any respect, such invalidity, illegality, or
unenforceability shall not affect any other provision thereof and
PAGE 6
thls agreement shall be construed as if such invalid, illegal, or
unenforceable provision had never been contained herein.
(d) This agreement constitutes the sole and only agreement of
the parties hereto and supersedes any prior understandings or
written or oral agreements between the parties respecting the
wlthln subject matter.
(e) No amendment, mod~flcatlon, or alteration of the terms
hereof shall be binding unless the same be in writing, dated
subsequent to the date hereof and duly executed by the parties
hereto.
(f) The rights and remedies provided by this lease agreement
are cumulative and the use of any one right or remedy by either
party shall not preclude or waive its right to use any or all other
remedies. Said rights and remedies are glven in addition to any
other rights and parties may have by law, statute, ordinance, or
otherwise.
(g) No waiver by the parties hereto of any default or breach of
any term, condition, or covenant of this lease shall be deemed to
be waiver of any other breach of the same or any other term,
condltlon, or covenant contained herein.
(h) In the event Lessor or Lessee breaches any of the terms of
this agreement whereby the party not in default employs attorneys
to protect or enforce its right hereunder and prevails, then the
defaulting party agrees to pay the other party reasonably at-
torneys' fees so incurred by such other party
(1) Neither Lessor nor Lessee shall be required to perform any
term, condition, or covenant in this lease so long as such perform-
ance is delayed or prevented by force majeure, which shall mean
acts of God, strikes, lockouts, material or labor restrictions by
any governmental authority, civil riot, floods, and any other cause
not reasonably within the control of Lessor or Lessee and which, by
the exercise of due dlllgence, Lessor or Lessee is unable, wholly
or in part, to prevent or overcome.
(j) Nothwlthstandlng any other provision of th~s Lease, upon
termination of the Lease, Lessee agrees to refurbish the room where
Lessee's mainframe computer is stored. This will include recarpet-
lng the floor and installing flrewalls between the personnel area
and the data processing area.
IN WITNESS WHEREOF, the undersigned Lessor ~ Lessee hereto
execute this agreement as of the ~ day of ~ 19~
JOAN COHAGEN, RICKYE EARL COLEMAN
& PATRICIA PENNINGTON, LESSORS
PAGE 7
DEBRA A. DRAYOVITCH, RIC~KY~E EARL COLEMAN --
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