2007-196
FILE REFERENCE FORM 2007-196
X Additional File Exists
Additional File Contains Records Not Public, According to the Public Records Act
Other
FILES Date Initials
One Year Renewal - original is attached 10/02/09 ) R
Amendment No. 1 -Ordinance No. 2010-243 10/05/10 ) R
S ~rD wrcnaWNin Orc Willi- TM, $yum OCI'A Leue tlrc
ORDINANCE NO. - P7-&
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE
AGREEMENT WITH DENTON COUNTY TRANSPORTATION AUTHORITY FOR 27
PARKING SPACES LOCATED IN THE WILLIAMS TRADE SQUARE; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the City of Denton has improved and maintained the area known as the
"Williams Trade Square"; and
WHEREAS, such improvements include paved parking spaces; and
WHEREAS, the City of Denton desires to continue to lease 27 parking spaces in the Wil-
liams Trade Square to the Denton County Transportation Authority for its use to conduct public
transportation services; NOW, THEREFORE,
THE CITY 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 between the City of Denton and the Denton County Transportation Authority to
lease 27 parking spaces at the "Williams Trade Square," a copy of which 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 / 0hday of 2007.
PERVMcNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
U
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
BY:
i
STATE OF TEXAS § AMENDED LEASE AGREEMENT
§ BETWEEN THE CITY OF DENTON
§ . AND THE DENTON COUNTY
§ TRANSPORTATION AUTHORITY
COUNTY OF DENTON §
This amended and restated lease agreement is made and entered into by and between the
City of Denton, Texas (hereinafter referred to as "Lessor"), and the Denton County Transportation
Authority, Texas, (hereinafter referred to as "Lessee'), acting by and through their respective
authorized representatives.
RECITALS
Whereas the parties previously entered into that certain lease agreement dated November 1,
2005 for parking spaces at Williams Trade Square (the "Original Lease"); and
Whereas the parties pursuant to the terms of the Original Lease extended the term of the
Original Lease for one period of twelve (12) months; and
Whereas the parties desire to amend and restate the Original Lease as set forth herein:
NOW THEREFORE in consideration of the mutual covenants contained herein and
valuable consideration, the sufficiency and receipt of which are hereby acknowledged, the parties
agree as follows:
1. Lessor leases to Lessee and Lessee leases from Lessor twenty-seven (27) parking spaces at
the Williams Trade Square for a period of twelve (12) months commencing on October 1,
2007 and ending on September 30, 2008 (Initial Term), at a monthly rate of seventeen
dollars and fifteen cents ($17.50) each.
2. Lessee will pay the annual rental fee of $5,670 in advance and no later, than the I' day of
October 2007.
3. Lessee shall have the option to extend the terms and conditions of the Lease for two (2)
additional terms of twelve (12) months each provided that Lessee gives Lessor written
notice thereof not less than sixty (60) days prior to the expiration of the then current term.
4. Lessee shall have access to the 27 parking spaces located in the noriheastem corner of the
Williams Trade Square parking lot as drawn and identified in Exhibit "A". Lessee shall
have exclusive access to parking spaces identified as Numbers 69-83 and 95-106 and the
island area labeled as LINK Central on Attachment "A" ("Premises"). Lessee may access
and depart the leased premises via either Hickory Street or Mulberry Street.
Page I of.4 19341
5. Lessee shall be provided the right and opportunity to conduct public transportation services
from the Premises depicted in Attachment "A".
6. Lessee shall be responsible for the grounds and maintenance of the Premises to include but
not be limited to the repair of pavement to be repaired by Lessor but paid for by Lessee,
marking of access lanes, repair and maintenance of existing passenger amenities (benches,
shelters, signage), maintenance of grounds to include mowing and trash service. Lessor will
enforce towing of unauthorized vehicles upon notice by Lessee.
I
7. Lessee agrees to (i) allow Lessor to have free access to the Lease Premises; (ii) to leave the
Lcase 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. To the extent allowed by law, Lessee shall indemnify, hold
harmless and defend Lessor from any and all claims, actions, causes of action, liability,
damages or loss resulting from the use of the Lease Premises. Further, the Lessor assumes
no responsibility or liability for hams, injury, or any damaging event which are directly or
indirectly attributable to premises defects which may now exist or which may hereafter
arise upon the premises.
8. Notwithstanding anything contained herein to the contrary, the Lessor and Lessee may
terminate this lease agreement, including any extension thereof, at any time by giving
Lessee or Lessor 90 days advance written notice of termination. In such case, Lessor shall
refund to Lessee those portions of annual rental already paid that are attributable to the time
period after termination.
9. All notices and payments may be sent to the Lessor and Lessee at the following addresses;
except that notices may be sent via facsimile to the fax numbers below.
To Lessor:
George C. Campbell
City Manager
City of Denton
215 E. McKinney
Denton, Texas 76201
Fax No. 940-349-7206
To Lessee:
John Hedrick, President
Denton County Transportation Authority
1660 South Stemmons, Suite 250
Lewisville, Texas 75067
10. This amended and restated lease agreement shall become effective on October 1, 2007.
Page 2 of 4 19341
IN WITNESS WHEREOF, the parties hereto have executed this Agreement to be effective
the day of ssl 2007.
LESSEE LESSOR
Denton County Transportation Authority City of Denton
1660 South Stemmons, Suite 250 215 E. McKinney
Lewisville,,TTexxas 75067 Denton, Texas 76201
t7'
Jo Hedrick George C. Campbell
resident City Manager
ATTEST: ATTEST:
Dorothy Palumbo, Secretary Jennifer Walters,
Denton County Transportation Authority City Secretary
By: By:
APPROVED AS TO LEGAL FORM: APPROVED AS TO LEGAL FORM: .
Peter G. Smith, General Counsel Edwin M. Snyder, City Attorney
By:By:
Page 3 of 4 19341
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CTA Denton County Transportation Authority
1660 S. Stemmons, Suite 250 • Lewisville, TX 75067
972-221-4600 • fax 972-221-4601 • dcta.net
September 22, 2009
George C. Campbell, City Manager
City of Denton
215 E. McKinney Street
Denton, TX 76201
RE: One-Year Renewal Option for twenty-seven (27) Parking Spaces at Williams Trade Square
Dear Mr. Campbell:
This letter is written notice that the Denton County Transportation Authority (DCTA) is hereby
exercising the second one (1) year renewal option as outlined in the Amended Lease Agreement
between the City of Denton and DCTA for the twenty-seven (27) parking spaces at Williams
Trade Square executed on September 18, 2007.
By receipt of your signature below, the one (1) year renewal option will begin on October 1,
2009. All other terms, provisions, conditions, and obligations of the original amended agreement
shall remain in full force and effect. DCTA will pay the annual rental fee of $5,670 upon receipt
of signed copy.
Sincere-fly,
I
jfff~ i
7 f
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resident
cc: Anna Mosqueda, Chief Financial Officer
Jarod Varner, Vice President of Bus Operations
Pete Smith, DCTA General Counsel
Mark Nelson
Williams Trade Square - Denton
July 7, 2009
Page 2
ACKNOWLEDGEMENT:
1, _ Ce026 C- C , C171h6/ C~ - , the undersigned do acknowledge and agree
to the above statements.
Signature: f7~~ ~~,~V \
Title: ~T :~fi,~sP•~
Date