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2013-068s:llegal\our documentslordinances1131glosser amendment of temp lease ordinance.doc ORDINANCE NO. 2� 13-�6g AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE, FOR AND ON BEHALF OF THE CITY OF DENTON, TEXAS, AN AMENDMENT OF TEMPORARY LEASE ("AMENDMENT"), BY AND BETWEEN THE CITY OF DENTON, TEXAS ("CITY") AND BILLIE GLOSSER ("TENANT"), AMENDING THAT CERTAIN TEMPORARY LEASE (HEREIN SO CALLED), DATED EFFECTIVE DECEMBER 28, 2012, BY AND BETWEEN CITY AND TENANT, LEASING TO TENANT A 147.85 ACRE TRACT, MORE OR LESS, LOCATED IN THE D. DAVIS SURVEY, ABSTRACT NO. 356, DENTON COUNTY, TEXAS, AS MORE PARTICULARLY DESCRIBED 1N THE TEMPOR.ARY LEASE ("PROPERTY"), SAID REAL PROPERTY BEING GENERALLY LOCATED ALONG THE WEST SIDE OF TOM COLE ROAD, ACROSS FROM THE DENTON MUNICIPAL AIRPORT, SAID AMENDMENT, AMONG OTHER TERMS, EXTENDING THE TERM OF, AND AMENDING THE RENT PAYABLE UNDER, THE TEMPORARY LEASE; AUTHORIZING THE CITY MANAGER TO EXECUTE THE AMENDMENT OF TEMPORARY LEASE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to that certain Temporary Lease, dated effective December 28, 2012, authorized by Ordinance No. 2012-256, City leased the Property to Tenant, said Temporary Lease to expire on March 28, 2013; WHEREAS, the Temporary Lease was made as a convenience to the Tenant, in connection with the City's purchase of the Property, so that Tenant could orderly vacate the Property; WHEREAS, Tenant is in need of additional time to vacate the Property; WHEREAS, City is amenable to extending the term of, the rent under, and other provisions related thereto of, the Temporary Lease; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS: SECTION 1. The City Manager, or his designee, is hereby authorized to execute, for and on behalf of the City of Denton, Texas, the Amendment of Temporary Lease, in the form as attached to and made a part of this ordinance as Exhibit "A". SECTION 2. Save and except as expressly amended hereby, all the provisions, sections, subsections, paragraphs, sentences, clauses, and phrases of the Temporary Lease shall remain in full force and effect. SECTION 3. If any section, article, paragraph, sentence, phrase, clause or word in this ordinance, or application thereof to any persons or circumstances, is held invalid or unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance; the City Council declares that it would have ordained such remaining portion despite such invalidity, and such remaining portion shall remain in full force and effect. SECTION 4. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the /aL�/ day of � n , 2013. ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPR ED A TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY � BY: �� Page 2 Amendment of Temporary Lease This Amendanent of Temporary Lease, is dated effective March 28, 2013, by and between Billie Glosser, formerly known as Billie Gregory, pursuant to that certain Order Granting Change of Name of Adult, dated November 5, 1998, Cause No. 98-30693-211, 211tn Judicial District Court of Denton County, Texas ("Tenant") and the City of Denton, Texas, a Texas home rule municipal corporation (the "Landlord"). WHEREAS, pursuant to that certain Temporary Lease (herein so called), dated on or about December 28, 2012, authorized by that certain Ordinance No. 2012-256, Landlord leased certai.n real property, as more particularly described in the Temporary Lease, to Tenant; WHEREAS, the Temporary Lease was made as a convenience to the Tenant so that Tenant could orderly vacate the Premises, as defined in the Temporary Lease, and purchase alternative property; WHEREAS, Tenant is in need of additional time to vacate the Premises; WHEREAS, Landlord is amenable to extending the term of the Temporary Lease, and amending certain portions of the Temporary Lease related thereto. NOW THEREFORE, for Ten and No/100 Dollars and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and stipulated, Landlord and Tenant hereby amend the Temporary Lease, for all purposes, as follows: 1. The "Term", as provided in the "Basic Terms" of the Temporary Lease, is hereby deleted in its entirety and replaced with the following: "Term: Through and including April 30, 2013." 2. The "Teimination Date", as provided in the "Basic Terms" of the Temporary Lease, is hereby deleted in its entirety and replaced with the following: "Ternunation Date: (i) April 30, 2013; or (ii) earlier termination of this' Lease, as provided herein; or (iii) surrender of the Premises by Tenant to Landlord, whichever is the earlier to occur." 3. The "Rent", as provided in the "Basic Terms" of the Temporary Lease, is hereby deleted in its entirety and replaced with the following: Rent: The sum of Four Thousand and No/100 Dollars ($4,000.00) per month, payable as provided herein. 4. Paragraph A.7. of the "Clauses and Covenants" of the Temporary Lease is hereby deleted in its entirety and replaced with the following: "7. MAINTAIN TAE PRENIISES IN A GOOD STATE OF CONDITION, NORMAL WEAR AND TEAR EXCEPTED. NOTWITHSTANDING THE OSLIGATION TO MAINTAIN THE PREMISES, IF SO DESIRED BY TENANT, TENANT MAY REPAIR AND REPLACE ANY AND ALL PARTS OF THE PREMISES DAMAGED DURING THE TERM HEREOF, IN ITS ENTIRETY. IN THE EVENT TENANT DOES NOT DESIRE TO REPAIR OR REPLACE THE PRENIISES, IT SHALL BE UNDER NO OBLIGATION TO DO SO BUT SHALL IlVIl��DIATELY SURRENDER THE PRENIISES AND RENIIT ANY PROCEEDS OR MOI�TIES ATTRIBUTABLE TO DAMAGE OR LOSS OF THE SUILDINGS, STRUCTURES, IMPROVEMENTS AND OTHER FACILITIES THAT ARE FIXTURES TO THE PROPERTY, RECEIVED BY TENANT FROM INSURANCE COVERAGE REQUIRED HEREIN TO LANDLORD UPON SUCH ELECTION. TENANT HEREBY EXPRESSLY STIPULATES THAT LANDLORD IS NOT OSLIGATED TO REPAIR, REPLACE, OR MAINTAIN, ANY PART OR PARCEL OF THE PREMISES, INCLUDING WITHOUT LIMITATION, ROOF SYSTEMS, HVAC SYSTEMS, WALL SYSTEMS, FOUNDATIONS, WINDOWS, AND DOORS AND DAMAGE TO WASTEWATER STOPPAGES CAUSED BY FOREIGN OR IMPROPER OBJECTS 1N LINES THAT EXCLUSIVELY SERVE THE DWELLING ON THE PREMISES, DAMAGE TO DOORS, WINDOWS OR SCREENS AND DAMAGE FROM WINDOWS OR DOORS LEFT OPEN. IT IS EXPRESSLY STIPULATED BY TENANT THAT (11 THIS AGREEMENT TO REPAIR, IF SAID RIGHT IS EXERCISED BY TENANT, IS MADE KNOWINGLY AND VOLUNTARILY; AND (II) THIS AGREEMENT IS MADE FOR GOOD AND VALUASLE CONSIDERATION; AND (IIII LANDLORD, BASED UPON REPRESENTATIONS AND WARRANTIES MADE HEREIN BY TENANT. HAS NO REASON TO BELIEVE THAT ANY CONDITION WHICH WOULD MATERIALLY AFFECT THE PHYSICAL HEALTH OR SAFETY OF AN ORDINARY TENANT EXISTS RELATED TO THE PRENIISES, INCLUDING WITHOUT LINIITATION, FUNCTIOI�TING SMOKE ALARMS AND ANY OTHER MATTER AFFECTING THE PREMISES." 5. Paragraph A.13. of "Clauses and Covenants", as set forth below, is added to the Temporary Lease: "13. Pay monthly, in advance, on the first day of the month, the Rent to Landlord, attn: Quentin Hix, Director of Aviation, 5000 Airport Road, Denton, TX 76207." 6. Paragraph A.14. of "Clauses and Covenants", as set forth below, is added to the Temporary Lease: "14. Pay a late charge of five percent (5%) of any Rent not received by Landlord by the tenth (10�') day after it is due." 7. Paragraph E.22. of "Clauses and Covenants" as set forth below, is added to the Temporary Lease: "22. Interest Savings Clause. Any provision herein, or any other document executed or delivered in connection herewith, or in any other agreement or cornmitment, whether written or oral, expressed or implied, to the contrary notwithstandang, Landlord shall not in any event be entitled to receive or collect, nor shall any amounts received hereunder be credited, so that Landlord sha11 be paid, as interest, if any, a sum greater than the maximum amount pernutted by applicable law to be charged to the person, partnership, firm, corporation, or other legal entity primarily obligated to make payments under this Lease. If any construction of this Lease indicates a different right given to Landlord to ask for, demand or receive any larger sum as interest, if any, such is a mistake in calculation or wording which this clause shall override and control, it being the intention of the parties that this Lease shall in all things strictly comply and conform with applicable law. In the event that the aggregate of all consideration which constitutes interest under applicable law that is taken, reserved, contracted for, charged or received under this Lease, if any, and any other documents executed in connection herewith shall ever exceed the maximum nonusurious rate under applicable law, any sum in excess thereof shall be applied to the accrued and unpaid rent due under this Lease and if such accrued and unpaid rent is paid in full, the remaining excess, if any, shall be paid to the Tenant." 8. Except as expressly amended herein, the Temporary Lease shall remain valid and subsisting as originally provided, for all intents and purposes. TENANT: 3 � ( , ILLIE GLOSSER ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on this �� day of �l �l� 2013, by Billie Glosser. �.*!!w DOREEN ELIZAdETH �IACKSTONE ' ' �,�/� � ���j�.�l`� � �•' � Notcry Publlc, State of Texaa ��;:� My Commisslon Explres Notary Public, State of Texas '+«�,,,� Dscembar 04, 2016 My commission expires: ��il�e ZDI � o�N � CITY OF DENTON-LANDLORD , BY: GEORGE C. CAMI'BELL, CITY ANAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY �, BY: • ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on this �/ 1� day of �� , 2013, by George C. Campbell, City Manager of the City of Denton, on behalf of the City of Denton. �5;�*FYP�e., JENNIFER K. WALTERS =��°�' °°? Notary Public, State of Texas - ' �vs My Commission Expires ��' �'�� December 19, 2014 '',,�r �o � �t�. � tary Pu 'c, tate of Texas y commi sion expires: � �