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2011-184 %(+$1$%$1$-"$%.1, 2011184 AdditionalFileExists AdditionalFileContainsRecordsNotPublic,AccordingtothePublicRecords Act Other %(+$Ș2ș#§º«(´¯º¯§²¹ FirstAmendmenttoAgreementɋOrdinance201705202/21/17JR S:1Legall0ur pocuments\OrdinancesllllWells Fargo-Williams Trade Squaze.doc ORDINANCE NO. 2011-184 AN ORDINANCE APPROVING A LEASE AGREEMENT WITH WELLS FARGO BANK FOR PARKING LOT SPACES LOCATED AT THE WILLIAMS TRADE SQUARE, PRO- VIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Wells Fargo Banl� has leased 58 parlcing spaces on the Williams Trade Square ("Square") from the City for the past eight years; and WHEREAS, the Lease Agreement between the City of Denton and Wells Fargo Bank has expired and the new Lease Agreement provides Wells Fargo Bank the same 58 parlcing spaces; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Manager of the City of Denton, Texas, is hereby authorized to ex- ecute a lease agreement between the City of Denton and Wells Fargo Banlc to lease 58 parking spaces in the "Williams Trade Square," a copy of which Lease Agreement is attached hereto and incorporated by reference herein. SECTION 2. This Ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the '`1`-�� day of ���G'�t/U , 2011. �:�3j7::0ii[�3 � • ' ATTEST: JENNIFER WALTERS, CITY SECRETARY BY. ��.d� AP''� OVED A TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: �: � j . s:llegallour doc�ments\contractsU I lwells fargo bank parking lease agreement.doc LEASE AGREEMENT This Agreement is made and entered into by and between the City of Denton, Texas, hereinafter referred to as Lessor, and Wells Fargo Bank, N.A., (successor in interest to Wells Fargo Bank, Texas N.A. through consolidation), hereinafter referred to as Lessee to be effective as of the Effective Date as provided herein. For and in consideration of the mutual covenants contained herein, and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Lessor leases to Lessee and Lessee leases from Lessor 58 parking spaces at the Williams Trade Square located in the City of Denton, Texas, which parking spaces are more particularly described and depicted as spaces 1 through 58 in Exhibit "A" attached hereto and made a part hereof by reference (the "Lease Premises") for an initial lease period of 12 months commencing on the 15� day of October, 2011 and ending on September 30, 2012 (the "Initial Term"), at a monthly rate of Seventeen Dollars and Fifty Cents ($17.50) for each parking space for a total acu�ual rent of Twelve Thousand, One Hundred Eighty Dollars and no/Cents ($12,180). The Lease Premises may only be used as a parking lot for motor vehicles. 2. Lessee shall pay the rent annually with the annual rent for the first year of the Initial Term to be due and payable within fifteen days after the Date of Execution of this lease agreement provided below. The rental rate for the Option Terms will be as provided in Section 4 below. 3. Lessee agrees to (i) allow Lessor to have free access to the Lease Premises; (ii) to leave the Lease Premises, on termination of the lease agreement, in good repair, and (iii) not assign its leasehold interest or sublet the Lease Premises or any part thereof without the prior written consent of Lessor. Lessee shall indemnifv. hold harmless and defend Lessor from anv and all claims, actions, causes of action, liabilitv, damases or loss resulting from the use of the Lease Premise. Further, the City assumes no resnonsibilitv or liabilitv for harm, iniurv, or anv dama�ing events which are directiv or indirectiv attributable to uremises defects which mav now exist or which mav hereafter arise unon the qremises, responsibilitv for anv and all such defects bein� ex�resslv assumed bv the Contractor. Lessor shall maintain liability insurance throughout the Initial Term and Option Terms in the manner provided in the "Insurance Requirements" which are attached hereto and made a part hereof as Exhibit "B". 4. Lessee shall have the option to extend this Lease for seven (7) successive terms of twelve (12) months each at such rental that the City Manager shall establish. To exercise the opti�n to extend, Lessee shall give Lessor sixty (60) days written notice of its intent to renew the Lease. Upon receipt of such notice, the City Manager shall give Lessee written notice of the increase, if any, in rental. Increases in rental shall be based upon economic conditions. 5. Notwithstanding anything contained herein to the contrary, the Lessor may terminate this lease agreement, including and extension thereof, at any time by giving Lessee 90 days advance written notice of termination. In such case, the Lessor shall refund to Lessee those portions of annual rental already paid that are attributable to the time period after termination. s:Uegallour documentslconlracts\111wells fargo bank parking lease agreement.doc 6. All notices and payments may be sent to the Lessor and Lessee at the following addresses, except that notices rnay be sent via facsimile to the fax nos. below: To Lessor: City of Denton Attention: City Manager 215 E. McKinney Denton, Texas 76201 Fax No. 940.349.7206 To Lessee: Wells Fargo Corporate Properties Group Attn: Manager (BE# 101374) MAC Q2129-113 200 Lomas Blvd., NW Suite 1110 Albuquerque, NM 871 a2 Copv to: Wells Fargo Corporate Properties Group Attn: Lease Administration (BE# 101374) MAC D 1116-L 10 1525 West W.T. Harris Blvd. Charlotte, NC 28262 7. This lease agreement shall be construed and enforced under the laws of the State of Texas and is fully performable in Denton County, Texas. Exclusive venue for any suit under or arising under this lease agreement shall be Denton County, Texas. T arties , "Effective Date"). hereto have executed this Lease Agreement on the � day of 2011 (the "Date of Execution") to be effective as of October 1, 2011 (the ATTEST: JENNIFER WALTERS, CITY SECRETARY BY. � AP OVED A TO FORM: ANITA BURGESS, CITY ATTORNEY BY: Page 2 CITY OF DENTON, TE� GEO GE C. CAMPBELL CITY MANAGER s:llegallour documentslcontracts1111wells farga bank parking lease agreement.doc ATTEST: BY: l(... APPROVED AS TO FORM: : Page 3 WELLS FARGO BANK, TEXAS, N.A. BY: G . IL IAMS VICE PRESIDENT & MANAGER (�,, � � BY: �K! � BOB WILLIAMS NEGOTIATOR � . . ❑ —��----- -'-_`_�: ; •--- -• -----•--- _�__ =-----'� a � w�.s F�xco �c �� . PARKING SPACES . //� ,�-'s��a4-�/�i�Ifi�.L�►�/ �u �n /, /., / _--�_ _ _ _ --_ �-�. � • --� •:s. + �' �� \ �l1 '� � \ � . �-,,'� E S E R.V E D �-� � ��-� . �,�? �, g �39� ; 40 .:� �42; 43 �4 = • � �� • � � � � � ' " .:�>. <'t.... �s.i:r.>:- _;�:.. �d; I'a� �-af .u� ( 'i � . •' • 'G. ;:�y2.: jyqcq,;*• - �t �: � ., � '. i . . , / � . o � . _ � � R E S E RU E D � � � �:,-�.��,.�� � ° i � -, . � . � : v �� `� �� ��, . � � � � � �, ��- � � �\ � , . ,�. , � 59 60\61 �62 ��3'• 64'. 65 ` 66 ''67 ' 68 - 69 \ 70'•.7� 72 '73� � \ j � � � � ,`�.. � �\ 5'� � `• ' � se s�YCes� \74 `�\ 6 �76 ?7 7��79\ 80\�`81 \ 82 `'. 83 • 1 i ! - � � � ' -'` ',r�•� � � ��. ,�'.l-� , . _ �,,, � , � . � 84 85 86 �,87�89 � 89'• ` , ` � '`- � � � 90�91 92 '• 93 � 94'• 85 � 9g `. ; }- H , \-�'��� �\� �\�-� _ �;`� � � _ - . � ii o � � � . .� ' 97 88 9S 100 101 102 f03 I���105 �106 �_ - • - - -� --- --• - _ .. • - r • . .�� � � .�� ��.+ . � 1 J � ` � r� � . .—.. . . . . _ \ �� . •.:ccs \ � � r.�.; WILLIAI�LS TRADE SQUARE PARiCING �LOT " � \ � \ \ �` \ � j . . . � __ , �.. . � � .��. 36 PU BLf C� � Q Enter Only Reserved Parking ,,� . (� /� G� t . � , . . ,rf`1 ��K I I� G , ❑ Exit Only . • lOi IOU 109 tlp�`111 �� � � i � ' � � . 112 113 /114� 115 %I�IG �1T, f18� 119/ ' j , � � �� / +• .�,•ccs ' Q Close This Drive _ _ ,` . � � � � • — -- --_ .. � . � Cnter Only Publ'ic Parking e `, ` � Appropriate leased parkfng �decals wiLl lse issued. . •. These decals will be placed�on the left side of the rear window. , � _ " � � , Q Center Dividers ' - - . "'-• ' • + -�– --.- - , . � . _ , . • � s:llegallour documentslcon[ractsll l lwells fargo bnnk parking lease agreement.doc EXHIBIT B GENERAL REQUIREMENTS The Contractor must maintain the types and amounts of required insurance throughout the term of the Contract. Contractor is solely responsible for providing a certificate of insurance evidencing the required coverage types and amounts. The City may terminate this contract if Contractor fails to timely comply with these requirements. Required insurance must be issued by a company or companies of sound and adequate fnancial responsibility and authorized to do business in the State of Texas. All policies are subject to examination and approval by the City's office of Risk Management for their adequacy as to content, form of protection, and providing company. Required insurance naming the City as additional insured must be primary insurance and not contributing with any other insurance available to City, under any third party liability policy. 2. ADDITIONAL REQUIREMENTS The required liability insurances and their certificates must: a. : Name the City as an additional insured with respect to operations for which this contract is made. Provide for 30-day advance written notice of cancellation or material change. Tvpe 1. Commercial (Public) Liability including but not limited to: . Premises/Operations . Independent Contractors . Products/Completed Operations . Contractual Liability Page 4 Amount $500,000 combined single limit for bodily injury and property damage (per occurrence)