21-171ORDINANCE NO. 21-171
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER TO
EXECUTE A LEASE AGREEMENT BETWEEN THE CITY OF DENTON AND THE
DENTON CHAMBER OF COMMERCE FOR THE USE AND OCCUPANCY OF
APPROXIMATELY 1600 SQUARE FEET OF OFFICE SPACE AND loo SQUARE FEET OF
STORAGE SPACE IN THE CITY BUILDING AT 401 NORTH ELM STREET; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Denton (“City”) owns property located at 401 North Elm Street,
located in Abstract 185 of the BBB and CRR Survey (the “Property”); and
WHEREAS, the Denton Chamber of Commerce (“Chamber”) desires to lease office and
storage space in the City’s building on the Property; and
WHEREAS, Chamber has requested to lease approximately 1600 square feet of office
space and 100 square feet of storage space at the Property, and the City Council finds it is in the
public interest to lease the space to the Chamber pursuant to the terms and conditions outlined in
the Lease Agreement (“Lease”) attached hereto as Exhibit “A;” NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this ordinance are
incorporated herein by reference as true and as if fully set forth in the body of this ordinance.
SECTION 2. The City Manager, or his designee, is hereby authorized to execute on behalf
of the City the Lease, as attached hereto as Exhibit “A“ and made a part hereof for all purposes.
SECTION 3. The City Manager, or his designee, is further authorized to carry out all duties
and obligations to be performed by the City under the Lease, including, but not limited to, signing
ancillary documents such as consents to assignment.
SECTION 4. This ordinance shall become effective immediately upon its passage and
approval.
The motion to approve this ordinance was made by --T&s t \)cLv ,' S
by 3JY\C\ \\] cto . The ordinance was passed and approved by the
and seconded
following vote Lb - \J:
Gerard Hudspeth, Mayor:
Birdia Johnson. District 1 :
Connie Baker. District 2:
Jesse Davis. District 3 :
John Ryan, District 4:
Deb Armintor, At Large Place 5 :
Paul Meltzer, At Large Place 6:
Aye
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Nay Abstain Absent
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PASSED AND APPROVED this the qU day of _, 2021
GERARD A4
ATTEST:
ROSA RIOS, CITY SECRETARY ,11111111FD
, Id//2 _a3,,L
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
Lease Agreement
Basic Terms
Effective Date: February 15, 2021
Landlord: City of Denton
Landlord’s Address: 215 E. McKinney, Denton, Texas 76201
Tenant: Denton Chamber of Commerce
Tenant’s Address: 414 W. Parkway St., Denton, Texas 76201
Premises – As described on Exhibit “ A,” attached hereto
Term: Effective Date to January 31, 2026
Commencement Date: The EfFective Date or February 15, 2021
Termination Date: (i) January 31, 2026; (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.
Rent: The consideration for this Lease is seventeen thousand-six hundred dollars ($17,600)
annually, with rent payments made on or before the first of each month in the amount of one
thousand-four hundred sixty-six dollars and sixty-seven cents ($1,466.67).
Permitted Use: Office and storage space and no other uses.
Tenant’s Insurance: As required by Insurance Addendum, attached hereto as Exhibit “B
Landlord’s Insurance: Self-Insured
99
Tenant’s Rebuilding Obligations: if the Premises are damaged by fire or other elements to the
extent the Permitted Use may not continue absent repair, this Lease shall terminate.
Lease Agreement
Page 1 of 16
Definitions
“ Arises.” An Environmental Claim or Environmental Cleanup Liability shall be deemed to Arise
upon each discrete Release of a Chemical Substance
“Chemical Substances” shall mean any chemical substance, including, but not limited to, any sort
of pollutants, contaminants, chemicals, raw materials, metals, intermediates, products, industrial,
solid, toxic or hazardous substances, materials, wastes, asbestos, asbestos-containing materials,
polychlorinated biphenyls, or petroleum products, including crude oil or any derived product or
component thereof, including, without limitation, gasoline and any material or substance of any
kind containing any of the above
“Environmental Claim” shall mean any claim, demand, action, suit or proceeding for the injury,
disease or death of any person (including, without limitation, the Tenant, or Tenant’s successors,
assigns, employees, agents and/or representatives), property damage, damage to the environment,
or damage to natural resources made, arising or alleged to arise under, or relating to, any
Environmental Law. Environmental Claim includes any damages, settlement amounts, fines and
penalties assessed or costs of complying with any orders or decrees of courts, administrative
tribunals or other governmental entities associated with resolving such claims, demands, actions,
suits or proceedings and any costs, expenses and fees, including, without limitation, reasonable
attorney’s fees, incurred in the investigation, defense and resolution of such claims, demands,
actions, suits and proceedings.
“Environmental Cleanup Liability” shall mean any cost or expense of any nature whatsoever
incurred to investigate, contain, remove, remedy, respond to, clean up, or abate any Release of
Chemical Substances or other contamination or pollution of the air, surface water, groundwater,
land surface or subsurface strata related to the operation, occupation, use, maintenance,
abandonment or ownership of the Premises, whether such Release, contamination or pollution is
located on, within, under or above the Premises or is located on, within, under or above any other
lands or property including, but not limited to, any Release of Chemical Substances or other
contamination or pollution arising out of or resulting from the manufacture, generation,
formulation, processing, labeling, distribution, introduction into environment or commerce, or on
site or off site use, treatment, handling, storage, disposal, or transportation of any Chemical
Substance. Environmental Cleanup Liability includes, without limitation, any judgments,
damages, settlements, costs or expenses (including, without limitation, attorneys’, consultants, and
experts’ fees and expenses) incurred with respect to (i) any investigation, study, assessment, legal
representation, cost recovery by a governmental agency or third party, or monitoring or testing in
connection therewith, (ii) the Premises, as a result of actions or measures necessary to implement
or effectuate any such containment, removal, remediation, response, cleanup or abatement, and
(iii) the resolution of such liabilities.
“Environmental Law” means any statutes or legal requirements relating to or regulating pollution,
worker, employee and occupational safety and health, protection or cleanup of the environment or
damage to or remediation of damage to real property and natural resources (including, but not
limited to, ambient air, surface water, groundwater, and land surface or subsurface strata)
Lease Agreement
Page 2 of 16
including, without limitation, legal requirements contained in the Comprehensive Environmental
Response, Compensation and Liability Act, 42 U. S.C. § 9601, et seq., as amended (CERCLA); the
Resources Conservation and Recovery Act, 42 U.S.C. § 6901, et seq., as amended (RCRA); the
Superfund Amendments and Reauthorization Act of 1986, Pub. L. 99-499, as amended (SARA);
the Clean Air Act, 42 U.S.C. § 7401, et seq., as amended; the Federal Water Pollution Control Act,
33 U.S.C. § 1251, et seq., as amended; the National Environmental Policy Act, 42 U.S.C. § 4321,
et seq., as amended (NEPA); and the Safe Drinking Water Act, 42 U.S.C. § 30af, et seq., as
amended; and/or any other federal, state or local laws, statutes, ordinances, rules, regulations or
orders (including decisions of any court or administrative body) relating to pollution, worker,
employee and occupational safety and health, damage to and protection or cleanup of, the
environment, real property and/or natural resources as described above. Environmental Law shall
also mean the Toxic Substance Control Act, 15 U.S.C. g 2601, et seq., as amended (TOSCA),
and/or any other federal, state (including, without limitation, laws with respect to trespass,
nuisance and other torts or similar legal theories which may be applied to establish liability or
responsibility for Environmental Cleanup or Environmental Claims) or local laws, statutes,
ordinances, rules, regulations or orders (including decisions of any court or administrative body)
relating to (i) release, containment, removal, remediation, response, cleanup or abatement of any
sort of Chemical Substance, (ii) the manufacture, generation, formulation, processing, labeling,
distribution, introduction into environment or commerce, use, treatmenl handling, storage,
disposal or transportation of any Chemical Substance, (iii) exposure of persons, including agents,
contractors and employees of Tenant, to any Chemical Substance and other occupational safety or
health matters, or (iv) the environmental hazards relating to the physical structure or condition of
a building, facility, tank, fixture or other structure, including, without limitation, those relating to
the management, use, storage, disposal, cleanup or removal of any Chemical Substance.
“Injury” means (a) damage, harm to or impairment or loss of property or its use, including without
limitation, personal property, real property and/or natural resources, and (b) harm to or death of a
person
“Landlord” means Landlord and its elected officials, agents, employees, invitees, licensees, or
vlsrtors.
“Release” shall mean any spilling, leaking, pumping, pouring, emitting, spraying, emptying,
discharging, escaping, leaching, dumping or disposing, in any way, manner or form, of any
Chemical Substance into the environment (including, but not limited to, the ambient air, surface
water, groundwater and/or land surface or subsurface strata) of any kind whatsoever (including
without limitation the abandonment or temporary abandonment or discarding of barrels,
containers, tanks or other receptacles containing or previously containing any Chemical
Substance).
“Tenant” means Tenant and its agents, contractors, employees, invitees, licensees, or visitors.
Lease Agreement
Page 3 of 16
Clauses and Covenants
A. Tenant agrees to:
1. Lease the Premises as described in Exhibit “C” for the entire Term beginning on
the Commencement Date and ending on the Termination Date.
2. ACCEPT THE PREMISES IN THEIR PRESENT CONDITION “ AS IS,”
“WHERE IS” AND “WITH ALL FAULTS”. TENANT STIPULATES THAT IT HAS
THOROUGHLY INSPECTED TIU PREMISES AND FINDS THAT THE PREMISES IS
CURRENTLY SUITABLE FOR TEn PERMITTED USE. LANDLORD MAKES NO
REPRESENTATION, COVENANTS OR WARRANTns, EXPRESSED, INWLIED OR OF
ANY KIND OR NATURE CONCERNING OR WITH RESPECT TO THE PREMISES,
iNCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABiLITY,
QUALITY, nABITABnITY, SUITABULITY, OR FITNESS FOR PARTICULAR PURPOSE
OR USE. TENANT STIPULATES TO LANDLORD THAT IT HAS PREVIOUSLY
OCCUPEED THE PREMISES AND IS AWARE OF TEn CONDITION OF THE PROPERTY
TENANT REPRESENTS AND WARRANTS TO LANDLORD THAT THERE HAVE BEEN
NO CFnMiCAL SUBSTANCES CONTAINED OR STORED OR THAT HAVE BEEN
RELEASED IN OR ON THE PREMISES DURING THE LEASE TERM THAT WOULD
RESULT IN AN ENVIRONMENTAL CLAIM OR ENVIRONMENTAL CLEANUP
LIABILITY
3. Obey (a) all applicable laws relating to the use, condition, and occupancy of the
Premises, and (b) any requirements imposed by utility companies serving or insurance companies
covering the Premises.
4. Allow Landlord to enter the Premises to perform Landlord’s obligations, if any,
and inspect the Premises.
5 . Maintain the Premises in a good state of condition, normal wear and tear excepted.
Notwithstanding the obligation 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 Premises, it shall be under no obligation
to do so but remit any proceeds or monies attributable to damage or loss of the buildings, 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 obligated 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.
6. Vacate, in its entirety, the Premises on or before the Termination Date. Tenant shall
remove all personal property, trade fixtures and any other property, excepting the buildings,
structures, improvements and other facilities that are fixtures, other than trade fixtures, to the
Premises (collectively, “Tenant’s Personal Property”) owned by it from the Premises on or before
Lease Agreement
Page 4 of 16
the Termination Date or earlier termination of this Temporary Lease, whichever is earlier to occur,
and shall execute a written stipulation waiving any and all rights the Tenant may have to the
Premises and such property.
7. INDEMNIFY. DEFEND, AND HOLD LANDLORD HARMIESS FROM ANY
DAMAGE OR INJURY (AND ANY RESULTING OR RELATED CLAIM, ACTION, LOSS,
LiABniTY, OR REASONABLE EXPENSE, INCLUDING ATTORNEY’ S FEES AND OTHER
FEES AND COURT AND OT FUR COSTS) OCCURRING IN OR RELATED TO ANY
PORTION OF THE PREMISES CAUSED BY TENANT’S GROSS NEGLIGENCE OR
wnFUL MISCONDUCT
8. THE INDEMNITIES CONTAINED IN PARAGRAPH 7 ARE (A)
INDEPENDENT OF TENANT’S INSURANCE, (B) WILL NOT BE LIMITED BY
COMPARATIVE NEGLIGENCE STATUTES OR DAMAGES PAID UNDER THE
WORKERS’ COMPENSATION ACT OR SEwn,AR EMPLOYEE BENEFIT ACTS, (C)
WILL NOT suRvrvE THE END OF THE TERM, AND (D) WILL APPLY EVEN IF AN
INJURY OR DAMAGE IS CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE,
OF ANY KIND, TYPE, OR DEGREE, OR STRICT LIABILITY OF LANDLORD.
9. During the term of this Lease, Tenant will not locate, store or dispose in or on, or
release or discharge from (including groundwater contamination) the Premises, any Chemical
Substances that could result in an Environmental Claim or Environmental Cleanup Liability
10. Tenant shall, at no cost or expense to Landlord, take all actions necessary to comply
with all Environmental Laws affecting the Premises.
11 . Any of Tenant’s Personal Property remaining on the Premises after the Termination
Date shall be deemed Abandoned Property, as prescribed by Section E. 19., below, and may be
disposed of by Landlord in any manner prescribed by Section E. 19., below.
12. In consideration for the use of the Leased Premises herein granted, Lessee shall pay
to City the following rental amounts (the “Rent”). The annual rent shall be in the sum of $11.00
per net square foot, as determined and provided in Exhibit C, said sum being stipulated herein as
Seventeen Thousand, Six Hundred Dollars and No Cents ($17,600.00) (sales tax included),
payable in twelve equal monthly installments of One Thousand, Four Hundred and Sixty-Six
Dollars and Sixty-Seven Cents ($1,466.67) (sales tax included). The first payment shall be made
prior to Lessee entering the Premises to take possession under this Lease in the pro-rated
amount of Seven Hundred, Thirty-Three Dollars and Thirty-Four Cents (8733.34). All
subsequent rental payments will be due in advance on the first of each calendar month thereafter.
The City will mail a courtesy statement on or about the fifteenth of each month. Failure to receive
the statement in a timely manner does not absolve Lessee from making rental payment on the first
of each month. The Rent shall be payable at the City’s offices of the Customer Service Department
of the City of Denton, 601 E. Hickory St., Denton, Texas, 76205, unless otherwise designated in
writing by the City.
Lease Agreement
Page 5 of 16
13. Comply with Landlord requirements related to health and safety protocols,
distancing requirements, face covering requirements, or other protective measures related to
COVID- 19
B. Tenant agrees not to:
1. Use the Premises for any purpose other than the Permitted Use.
2. Create a nuisance
3 . Permit any waste
4. Use the Premises in any way that would increase insurance premiums or void
insurance on the Premises.
Change the lock system of the Premises.
Alter the Premises in any material respect.
Allow a lien to be placed on the Premises
Assign this Lease or sublease any portion of the Premises.
5
6
7
8.
C.Landlord agrees to:
1. Lease to Tenant the Premises for the entire Term beginning on the Commencement
Date and ending on the earlier to occur of (i) Termination Date; or (ii) upon
surrender of the Premises by Tenant to Landlord prior to the Termination Date
Provide furniture for workspaces as outlined in Exhibit C
Obtain and pay for all utility services used by Tenant.
Pay all costs related to the utilities and janitorial services, of any kind or nature,
related to the Premises
Provide tenant with access to shared spaces, common areas, conference rooms, and
training rooms, subject to scheduling availability.
Provide tenant with access to approximately 100 square feet of storage space within
a shared storage area on Premises.
Provide Tenant 24/7/365 access to the facility via keys, fobs, or other security
devices
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3
4.
5.
6
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Lease Agreement
Page 6 of 16
D.Landlord agrees not to:
1 Interfere with Tenant’s possession of the Premises as long as Tenant is not
in default hereunder.
E.Landlord and Tenant agree to the following:
1. Alterations. Any physical additions, improvements or alterations to the Premises
made by Tenant must be consented to by Landlord, in its sole and absolute discretion
2. Insurance. Tenant will maintain the insurance coverages described in the attached
Insurance Addendum during the Term of this Lease.
3 . Renewal. No later than 120 days before the end of the initial term of this Lease, the
parties may agree in writing for one (1) extension of the lease term for an additional five (5) year
term at a new lease rate consistent with fair market value as determined by the Lessor at Lessor’ s
expense by a property appraisal. The granting of such extension shall be in the sole discretion of
the City upon a written request by Lessee to be provided to the City not less than one hundred
eighty (180) days from termination. The renewal may be executed by a letter agreement signed
by the City Manager, approved by the City Council, and the President of the Chamber. However,
the foregoing shall not preclude the parties from entering into a new lease to be effective after the
expiration of the Lease Term.
4. Release of Claims/Subrogation. TENANT RELEASES LANDLORD FROM ANY
AND ALL CLAIMS OR LIABULITIES FOR DAMAGE TO THE PREMISES, DAMAGE TO
OR LOSS OF PERSONAL PROPERTY WITHIN THE PREMISES, AND LOSS OF BUSINESS
OR REVENUES INCDENT TO, ARISING FROM OR RELATED TO TENANT’S
OCCUPATION OF TEn PREMISES. THE RELEASE IN THIS PARAGRAPH WILL
APPLY EVEN IF THE DAMAGE OR LOSS IS CAUSED IN WHOLE OR IN PART BY
THE NEGLIGENCE, OF ANY KIND, TYPE OR DEGREE, OR STRICT LIABILITY OF
LANDLORD BUT WILL NOT APPLY TO THE EXTENT THE DAMAGE OR LOSS IS
CAUSED BY THE WILLFUL MISCONDUCT OR GROSS NEGLIGENCE OF
LANDLORD.
5 . Casualty/Total or Partial Destruction . If the Premises are damaged by casualty to
the extent the Permitted Use may not continue absent repair, unless the Premises is repaired by
Tenant as provided in Section A.7., above, this Lease will terminate without liability of any kind
to Landlord
6 Condemnation/Substantial or Partial Taking
a If the Premises cannot be used for the purposes contemplated by this Lease
because of condemnation or purchase in lieu of condemnation, this Lease
will terminate
Lease Agreement
Page 7 of 16
b.Tenant will have no claim to the condemnation award or proceeds in lieu of
condemnation.
7. Default b)' Landlord/Events. Defaults by Landlord are failing to comply with any
provision of this Lease within thirty (30) calendar days after written notice.
8. Default b)' Landlord/Tenant ’s Remedies. Tenant’s remedies for Landlord’s default
are solely to either (i) enforce the terms of this Lease by specific performance; or (ii) terminate
this Lease. THE REMEDIES OF TENANT AS SET FORTH HEREIN ARE SOLE AND
EXCLUSIVE AND TENANT WAIVES ANY OTHER RIGHT OR REMEDY THAT MIGHT
BE AVAILABLE.
9. Default h)' Tenant/Events. Defaults by Tenant are (a) Tenant abandoning or
vacating a substantial portion of the Premises without surrendering the Premises to Landlord, (b)
Tenant failing to comply, within five (5) calendar days after written notice, with any provision of
this Lease other than the default set forth in (a) above, which shall require no notice of default to
Tenant; (c) Tenant shall become insolvent, or shall make a transfer in fraud of creditors, or shall
make an assignment for the benefit of creditors; (d) a receiver or trustee shall be appointed for all
or substantially all of the assets of Tenant; (e) Tenant shall file a voluntary petition in bankruptcy
or admit in writing that it is unable to pay its debts as they become due; (f) Tenant shall apply for
or consent to the appointment of a receiver, trustee, custodian, intervener or liquidator of itself or
of all or substantial part of its assets; (g) Tenant shall file an answer admitting the material
allegations of, or consent to, or default in answering, a petition filed against it in any bankruptcy,
reorganization or insolvency proceeding; and (h) any of Tenant’s representations or warranties
contained in this Lease are untrue at any time during the Term
10. Default 6)' Tenant/Landlord’s Remedies. Landlord’ s remedies for Tenant’s default
are to (a) enter and take possession of the Premises, (b) terminate this Lease by written notice to
Tenant, or (c) pursue condemnation of the leasehold estate. THE REMEDIES OF LANDLORD
AS SET FORTH HEREIN ARE SOLE AND EXCLUSIVE AND LANDLORD WAIVES ANY
OTHER RIGHT OR REMEDY THAT MIGHT BE AVAILABLE. EXCEPT FOR THE
EXERCISE OF EMINENT DOMAIN, W NECESSARY
11 . Default/Waiver/Mitigation. It is not a waiver of default if the non-defaulting party
fails to declare immediately a default or delays in taking any action. Except as to the sole and
exclusive remedies of Tenant and Landlord, pursuit of any remedies set forth in this Lease does
not preclude pursuit of other remedies in this Lease or provided by applicable law.
12. Holdo\'er . If Tenant does not vacate the Premises following termination of this
Lease, Tenant will become a tenant at sufferance. No holding over by Tenanl whether with or
without the consent of Landlord, will extend the Term. Tenant stipulates that its possession of the
Premises after the expiration of the Term, as a tenant of sufferance, will cause damage to Landlord
in excess of fair market value of rent resulting, in part, due to delays to Landlord construction
projects
Lease Agreement
Page 8 of 16
13. Lease of Commercial Rental Property . Tenant represents and warrants that the
Premises is commercial rental property, as defined in Chapter 93 of the Texas Property Code.
14. Attorney ’s Fees. If either party retains an attorney to enforce this Lease, the party
prevailing in litigation is entitled to recover reasonable attorney’s fees and other fees and court and
other costs
15. FertIle. EXCLUSIVE VENUE FOR ANY ACTION HEREUNDER IS IN
DENTON COUNTY, TEXAS, THE COUNTY IN WHICH THE PREMISES ARE LOCATED
16. Entire Agreement. This Lease, together with the attached exhibits and addendums,
comprises the entire agreement of the parties, and there are no oral representations, warranties,
agreements, or promises pertaining to this Lease or occupation of the Premises.
17. Amendment of Lease. This Lease may be amended only by an instrument in writing,
duly authorized and signed by Landlord and Tenant. Notwithstanding anything to the contrary
herein, the authority to amend this Lease by Landlord is not delegated by the City Council of
Landlord.
18. Limitation of Warranties. THERE ARE NO IMPLIED WARRANTIES OF
MERCHANTABEITY, QUALITY, SUITABEITY, HABITABnLITY, FITNESS FOR A
PARTICULAR PURPOSE, OR OF ANY OTHER KIND ARISING our OF THIS LEASE, AND
THERE ARE NO WARRANTIES THAT EXTEND BEYOND THOSE E}@RESSLY STATED
IN THIS LEASE.
19. Notices. Any notice given by one party to the other in connection with this Lease
shall be in writing and shall be sent by certified mail, return receipt requested, with postage fees
prepaid, or via facsimile or electronic mail as follows
A. If to Landlord, addressed to:
Denton City Manager
215 E. McKinney
Denton, Texas 76201
Fax No. 940.349.8596
w/copy to:
City of Denton - Real Estate Division
401 N. Elm Street
Denton, Texas 76201
Fax No. 940.349.8951
Lease Agreement
Page 9 of 16
B If to Tenant, addressed to
Denton Chamber of Commerce
Attn: Chamber President
PO Box 1719
Denton, TX 76202
E-mail: erica@denton-chamber. org
Notice shall be deemed received for all purposes when placed in the United States mail, as
set forth herein, or when delivered by telephonic facsimile or e-mail to the other party at the
facsimile number(s) or e-mail address provided above.
20. Abandoned Property. Landlord may retain, destroy, or dispose of any property, of
any kind or type, including without limitation, Tenant’s Personal Property left or remaining on the
Premises after the Termination Date (“ Abandoned Property”) without liability of any kind to
Landlord and without payment of consideration of any kind to Tenant.
21. No Broker. Tenant represents and warrants Landlord that it has not contracted with
or otherwise retained any broker or any other third party related to this Lease to whom any
commission or other fee may be payable.
22. Authority of Tenant. Tenant represents and warrants to Landlord that it has taken
all actions necessary to authorize the party executing this Lease to bind, in all respects, Tenant to
all terms and provisions of this Lease, and that such person possesses the authority to execute this
Lease and bind Tenant hereto.
23 . Delegation of Authority. Except as otherwise expressly provided herein, any action
that is to be or may be taken by Landlord under this Lease is hereby delegated by Landlord,
pursuant to approval of this Lease by City Council of Landlord, to the City Engineer of Landlord,
or his designee.
Lease Agreement
Page 10 of 16
TENANT:
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF DENTON
§
§
This instrument was a®nowledged before me on this 3cS>
a Texas
CCC
20a,
Texas
My commission expires: 2-- Lq - IO 2 1
Lease Agreement
Page 11 of 16
LANDLORD:
CITY OF DENTON
ATTEST:
ROSA RIOS, CITY SECRETARY
b\\t Irl 1 1:Ill/
_d2vz2 y/d2:a .
APPROVED AS TO LEGAL FORM
AARON LE AL, CI
BY
THIS AGREEMEbW HAS BEEN BOTH
REVIEWED AND APPROVED AS TO
Financial and operational obligations and
Business terms.
STATE OF TEXAS §
COUNTY OF (_),M §
This instr„ment wa, „kn,wl,dged b,f,re me o„ thi, q+b d,y ,f &UWV
20a by Todd Hileman, City Manager of the City of Denton, on behalf of the City of Denton.
KARISA LEIGH RICHARDS
My Nobry ID # 131826791
Expires lbcemtnr 14, 2022
Wm, State of Texas
My commission expires: @
Lease Agreement
Page 12 of 16
Exhibit “A”
To
Lease
Legal Description
a 2.703 acre tract in the BBB and C. RR Company Survey, Abstract No. 185, City of Denton, Denton County, Texas.
Lease Agreement
Page 13 of 16
Exhibit “B”
To
Lease
Insurance
Tenant shall procure and carry, at its sole cost and expense during the term of this Lease
and as otherwise may be provided in this Lease, insurance protection as hereinafter specified, in
form and substance satisfactory to Landlord, carried with an insurance company (or companies)
authorized to transact business in the state of Texas, covering all aspects and risks of loss of all
operations in connection with this Lease, including without limitation, the indemnity obligations
set forth herein
Tenant shall obtain and maintain the following insurance coverages in full force and efFect
during the term of this Lease, and if coverage is afforded on a Claims Made basis, for three (3)
years thereafter as concerns the Environmental Liability Coverage
Commercial General Liability :
Per Occurrence Limit:$ 1 ,000,000
Aggregate Limit: $2,000,000
Business Automobile Liability (providing coverage for owned, non-owned and hired
automobiles)
Per Occurrence Limit $ 500,000
Aggregate Limit:$ 1 ,000,000
Property Insurance:
Lease Agreement
Page 14 of 16
All risk property coverage on all buildings, attachments and improvements, including
the contents of all buildings, attachments and improvements, on a full replacement cost basis.
Landlord shall be listed as an Additional Insured with respect to the Commercial General
Liability and Business Automobile Liability and shall be granted a waiver of subrogation under
both policies. Landlord shall be listed as a Loss Payee with respect to the all risk property
coverage. Tenant will provide a Certificate of Insurance on or before the Effective Date of this
Lease to the Landlord as evidence of coverage. The Certificate will provide 30 days notice of
cancellation. A copy of the additional insured endorsement and waiver of subrogation attached to
the policy will be included in the certificate.
All insurance carriers must be admitted to do business in the state of Texas and have an
AM Best’ s Rating of A-VII or better.
All policies should be written on an occurrence basis. If a policy is written on a “claims
made” basis the Tenant shall provide evidence of continued coverage, or “tail coverage” for a
period of three (3) years following the expiration of this Lease.
Lease Agreement
Page 15 of 16
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