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2005-329FILE REFERENCE FORM 2005-329 X Additional File Exists Additional File Contains Records Not Public, According to the Public Records Act Other N'1LE S Date Initials Letters regazdin one-year extension of lease 08/08/08 J R Amendment to Original Lease -Ordinance No. 2007-196 09/18/07 J R s:\Our D<>cummt.<\OrdinaIlcdlO5\Williams Trade Square OCT A L....e.doc ORDINANCE NO. - 2 rJtJ5- . :j2 q AN ORDINANCE LEASING PARKING SP ACES LOCATED ON THE WILLIAMS TRADE SQUARE TO THE DENTON COUNTY TRANSPORTATION AUTHORITY; AND PROVID- ING 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 execute 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 shan become effective immediately upon its passage and approval. PASSED AND APPROVED this the I~ day of 1Mm~- ,2005. C~hcL EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY ~ APPROVED AS TO LEGAL FORM: ED SNYDER, INTERIM CITY ATTORNEY ~~~- ~ '" COUNTY OF DENTON ~ AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON COUNTY TRANSPORTATION AUTHORITY THE STATE OF TEXAS ~ LEASE AGREEMENT This 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. WITNESSETH: 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 1,2005 and ending on September 30, 2006 (Initial Term), at a monthly rate of seventeen donars and fifty cents ($17.50) each. 2. Lessee win pay monthly rent in the amount of $472.50 on the I st day of month or may pay the annual rental fee of $5,670 no later than the 1st day of October 2005. 3. Lessee shall have the option to extend the terms and conditions of the Lease for an additional twelve (12) month period provided that Lessee give Lessor Written intent of not less than sixty (60) days notice prior to the termination of the Initial Term. 4. Lessee shall have access to the 27 parking spaces located in the northeastern comer 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. 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 win enforce towing of unauthorized vehicles upon notice by Lessee. 7. 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. To the extent anowed by law, Lessee Page I of3 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 harm, 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: Jon Fortune Assistant City Manager City of Denton 215 E. McKinney Denton, Texas 76201 Fax No. 940.349.8596 To Lessee: John Hedrick, Executive Director Denton County Transportation Authority 1660 South Stemmons, Suite 250 Lewisville, Texas 75067 Fax No. 972.221.4601 IN WI~SS w;mOF, th'l parties hereto have executed this Agreement to be effective the ~ day of -, LbJ.!fll{J.f/L, 2005. LESSEE LESSOR Denton County Transportation Authority 1660 South Stemmons, Suite 250 Lewisville, Texas 75067 City of Denton 215 E. McKinney Denton, Texas 76201 C~hclc HONORABLEEULINEBROCK MAYOR CHARLES EMERY CHAIRMAN Page 2 of3 S:\Our Documents\Contracts\05\DCTA Williams Trade Sq Lse 3d (2~.doc ATTEST: JASON PIERCE, SECRETARY DENTON COUNTY TRANSPORTATION AUTHORITY BY: APPROVED AS TO LEGAL FORM RIDER SCOTT, LEGAL COUNSEL BY: ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM EDWIN M. SNYDER, CITY ATTORNEY BY: Page 3 of3 - l: Q) E J: (,) .ra - - <C <C tt1ckory A.ueqtnw t N Denton Coun„ .ransportation Authority 1660 5. Stemmons, Suite 250 Lewisville, TX 75067 C n n~ D ~~ 972-221-4600 fax 972-221-4601 dcta.net ~~`J !J July 17, 2006 Jon Fortune Assistant City Manager City of Denton 215 1;ast McKinney Denton TX 76201 RE: Williams Trade Square Lease Mr. F une Please let this letter serve as notice that DCTA wishes to extend the terms and conditions of the current lease for the property that is located in Williams Trade Squaze for an additional 12 months. If you have any questions please feel free to contact me at (972) 221-4600 or Greg Anderson at the same number or via email at ganderson(ct)dcta.net. ely, ~~~~'l~~ O. Hedrick alive Director ~"'~cc °~' ark``~~Telso ~~Dj ~, City of Management and Budget * 215 E. McKinney * Denton, Texns 76201 (940) 349-8320 * DFW Metro (972) 434-2259 * Fnx (940) 349-7206 August 8, 2006 Denton County Transportation Authority Attn: John O. Hedrick 1660 S. Stemmons, Ste. 250 Lewisville, TX 76201 Dear Mr. Hedrick, The City of Denton is providing notice to DCTA of the granting of a one-year extension to the Williams Trade Squaze Parking Agreement. This notice is the City's response to DCTA's letter dated July 17, 2006. "fhe rental rate will be $17.50 per parking space per month for the period 10/01/06 to 09/30/07. The monthly rent in the amount of $472.50 will be due on the 1 s` day of each month or you may pay the annual rental fee of $5,670.00 no later than the 15L day of October 2006. The City of Denton requests that all payments be sent to the following address: City of Denton Attn: Controller 215 E. McKinney Denton, TX 76201 The City of Denton appreciates your time and cooperation in this matter. Please contact me at (940)349-7283, if you have any questions. Sincerely, C//~~~~ Antonio Puente, Jr. Budget Coordinator cc: Greg Anderson, Mark Nelson, Jon Fortune, Terry Howerter "Dedicated to Quality Service" eue e .cihrofdettton.eom