1986-2531418L
NO ale -R6,-3
AN 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 Patricia Pennington for office space at
324 East McKinney Street in accordance with the terms thereof,
said agreement being attached hereto
SECTION II
That this ordinance shall become effective immediately upon
its passage and approval
PASSED AND APPROVED this the~6 day of&e*x&., 1986
RAY S HEN , MAYOR
CITY OF DENTON, TEXAS
ATTEST
ALLEN, CITY
CI OF ENTON, TEXAS
APPROVED AS TO LEGAL FORM
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
BY
1418L
THE STATE OF TEXAS S
OFFICE LEASE AGREEMENT
COUNTY OF DENTON S
This 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
Rickye Earl Coleman and Patricia Pennington, Executors of the
Estate of Earl L Coleman ("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 midnight on
December 31, 1986, and end at 12 00 midnight on December 31,
1992, subject, however, to earlier termination as hereinafter
more particularly described
Lessor shall on the commencement date of the term of this
lease as hereinabove set forth, place Lessee in quiet possession
of the leased premises and shall secure it in the quiet posses-
sion 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, which shall be payable
on the first day of each month, the following amounts
(a) From December 31, 1986 to December 31, 1987, the amount
of $5,761 00 per month
(b) From December 31, 1987 to December 31, 1988, the amount
of $6,087 00 per month
(c) From December 31, 1988 to December 31, 1989, the amount
of $6,421 00 per month
(d) From December 31, 1989 to December 31, 1990, the amount
of $6,774 00 per month
(e) From December 31, 1990 to December 31, 1991, the amount
of $7,146 00 per month
(f) From December 31, 1991 to December 31, 1992, the amount
of $7,539 00 per month
It is further understood and agreed by and between the
parties hereto that the Lessee may cancel and terminate this
lease upon six (6) months written notice to Lessor
ARTICLE 3
Lessee will 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
ARTICLE 4
Lessee acknowledges that its acceptance of possession of the
leased premises constitutes a conclusive admission that it has
inspected the leased premises and has found them in good condi-
tion and repair Lessee agrees to surrender the leased premises
to Lessor at the end of the lease term in the same condition as
when Lessee took possession, allowing for reasonable use and
wear and damages by act of God, including fire and storms
ARTICLE 5
Lessee shall pay for all utilities furnished the leased
premises for the term of this lease, including electricity, gas,
water, and telephone services Usual janitorial and maintenance
services including sweeping and waxing of floors, the cleaning
of windows, replacement of light bulbs or fluorescent tubes
shall be performed by Lessee
ARTICLE 6
Lessee shall be responsible for only minor maintenance and
Lessor shall be responsible, at Lessor's expense, for all major
PAGE 2
maintenance of the leased premises so that the premises will
have
(a) effective waterproofing and weather protection of roof
and exterior walls, including unbroken windows and doors
caused by natural hazards and normal wear,
(b) a satisfactory foundation and structural frame to
maintain the leased premises in condition fit for its
intended use,
(c) building, grounds, and appurtenances at the time of the
commencement of the lease in every part clean, sanitary,
and free from all accumulations of debris, filth, rub-
bish, 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 repairs such as, but not limited
to, a sewer line collapse Lessee will also assume all respon-
sibility for repairs to air conditioning and heating systems for
the leased premises until the termination of this lease
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
improvements 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
PAGE 3
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 in effect with pro-
portional rent rebate to Lessee as provided for herein If the
repairs cannot be so made in sixty (60) days and if 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
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 obtaining the Lessor's written consent Lessee's interest
in this lease is not assignable by operation of law, nor is any
assignment of its 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
PAGE 4
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 expense, restore and reconstruct the
budding and other improvements, situated on the leased
premises, provided such restoration and reconstruction 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
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 condem-
nation 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
its interest under the terms of this lease, provided, however,
that Lessor agrees to give 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
PAGE 5
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, termi-
nate 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 reletting,
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 this
agreement, Lessee may elect either one of the following
(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 reimburse-
ment, 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 terminating this agreement on the date
designated in such notice
ARTICLE 18
Should Lessee, or any of its 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%) per-
cent 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
PAGE 6
be given by certified mail or by hand delivery, addressed to the
proper party, at the following address
LESSOR LESSEE
Joan Cohagen Lloyd V Harrell, 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 hers,
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 pro-
vision thereof and this 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
within sub)ect matter
(e) No amendment, modification, 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 given in addition
to any other rights and parties may have by law, statute, ordi-
nance, 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,
condition, or covenant contained herein
PAGE 7
(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 reason-
ably attorneys' 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
performance is delayed or prevented by force maleure, which shall
mean acts of God, strikes, lockouts, material or labor restric-
tions 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 diligence, Lessor or Lessee is
unable, wholly or in part, to prevent or overcome
(1) Time is of the essence of this agreement
IN WITNESS WHEREOF, the under ed Lessor ~ ~a~nd Lessee hereto
execute this agreement as of the A day of~~J,rH~ , 1986
CITY OF DENTON, LESSEE JOAN COHAGEN, RICKYE EARL COLEMAN
f, PATRICIA PENNINGTON, LESSORS
APirt
"VHARREL J N COHAGEN
CITY MANAGER
APPROVED AS TO LEGAL FORM
DEBRA ADAMI DRAYOVITCH,
CITY ATTORNEY
BY 1/11 VV"n
SaAeo_ S-y~,c` ~1
R E AR COLEMAN
_ 0- IA45KI
A RICIA PENNI G 0 J
PAGE 8