1986-1041418L
NO
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 C5~L day of 1986
RAY S HENS, MAYOR
CITY DENTON, TEXAS
ATTEST
yy~~Q2C~
C L T AL , crTY' SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
BY
1418L
THE STATE OF TEXAS S
COUNTY OF DENTON S
OFFICE LEASE AGREEMENT
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,
hxecutors of the Estate of Earl L Coleman ("Lessors")
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 on April 15, 1986,
and end at 12 00 midnight on December 31, 1986, subject, how-
ever, 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 posses-
sion of the leased premises and shall secure it in the quiet
possession thereof against all persons lawfully claiming the
same during the entire lease term and any extensions thereof
ARTICLE 2
Lessee will pay Lessors, at 318 B East Oak Street, Denton,
Texas, as rent for the leased premises, the sum of Five
Thousand Four Hundred Thirty-five Dollars and Twenty-five Cents
($5,435 25), per month, payable, in advance, by the first (1st)
day of each rental month
It is further understood and agreed by and between the
parties hereto that the Lessee may cancel and terminate this
lease upon sixty (60) days written notice to Lessor in the
event that funds to carry out the purposes and obligations of
the lease become unavailable or are suspended, cancelled, or
terminated by the City Council of the City of Denton
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 easy, convenient, and unobstructed access to the leased
premises including reasonable available parking
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
condition 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 her expense, for all major
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, 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 remodel-
ing work performed by the Lessee Lessee will also assume
responsibility for all major plumbing repairs such as, but not
limited to, a sewer line collapse Lessee will also assume all
responsibility 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
improvements 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 destruc-
tion 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 in
effect with proportional 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, ether 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
his 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 his 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, ordi-
nance, or regulation, or by right of eminent domain, or should
be sold to the condemning authority under threat of condem-
nation, 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,
ordnance, 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 his sole expense, restore and reconstruct the
building 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
shall remain in default under any other condition of this lease
for a period of thirty (30) days after written notice from Les-
sor, 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 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 ether one of the following
(a) After not less than fifteen (15) days notice to Les-
sor, 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 there-
with 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 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%)
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 mail or by hand delivery, addressed to
the proper party, at the following address
LESSOR LESSEE
Joan Cohagen Lloyd V Harrell, City Manager
326 East McKinney 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 accor-
dance 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 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 subject 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 agree-
ment 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, 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, condition, 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 pre-
vails, then the defaulting party agrees to pay the other party
reasonably 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 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 diligence Lessor or
Lessee is unable, wholly or in part, to prevent or overcome
(j) Time is of the essence of this agreement
IN WITNESS WHEREOF, the undersigned Lessor and Le see hereto
execute this agreement as of the 167 day of 4,eh 1986
JOAN COHAGEN, RRIICKY~E EARL
COLEMAN $ PATRICIA PENNINGTON,
LESSORS
CITY OF DENTON, LESSEE
BY
APPROVED AS TO LEGAL/FORM
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
BY
CYI/u~
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A IC PE NI 4*/Og