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
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(
,
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�.
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tary Pu 'c, tate of Texas
y commi sion expires: � �