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2001-471//our documcnts/ordmances/01/lease DATCU for fire dept doc OP N ¢ENO AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A LEASE AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND DENTON AREA TEACHERS CREDIT UNION, AUTHORIZING THE EXPENDITURE OF FUNDS, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, due to the needs of the Denton F~re Department for ad&tlonal space m order to carry our tts duties, and WHEREAS, the C~ty Council deems ~t in the pubhc interest to enter mto a lease wtth Denton Area Teachers Cre&t Union to obtmn add~tmnal space, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That the Ctty Manager m hereby anthonzed to enter into a lease agreement between the City of Denton and Denton Area Teachers Credit Union, a copy of whtch is attached hereto and incorporated by reference herem SECTION 2 That the City Manager is authorized expend funds as reqmred by the attached contract SECTION 3 That th~s ordinance shall become effective ~mmedmtely upon Its passage and approval ~S~/~/, AND APPROVED this the /~ ~-'~ day of ~ _ . ,2001 EUL1NE ~)I~6CK, ~IAYOR ' ATTEST JENNIFER WALTERS, CITY SECRETARY RENTAL CONTRACT 1 BETWEEN TENANT THE CITY OF DENTON (FIRE DEPARTMENT), herein after referred to as tenant Telephone No and OWNER (LANDLORD) Denton Area Teachers Credit Union P O Box 827 D~nton, TX 76202 Ph 940/387-8585 (a) Persons to occupy premises Fire Chief and office staff 2 PROPERTY DESCRIPTION. BEING all that certain tract or parcel of land lying and being situated in the William Loving Survey, Abstract 759, Denton County, Texas, and belng the same land conveyed by Mary Alice Stone to W J Bushey, et ux, by Deed dated February 27, 1953, recorded Volume 385, Page 406, Deed Records of said County, and the same land conveyed to Denton County Teachers Federal Credit Union by Bruce Davis, et ux, as recorded in Volume 497, Page 35, Deed Records of sa~d County, and being more particularly described as follows BEGINNING at a found iron pin at the Southwest corner of said Stone to Bushey Tract in the North line of Sycamore Street, THENCE North 00o 03" 53' West, with the West line of said Stone to Bushey Tract, a distance of 149 58 feet to a found iron pln at the Northwest corner of said tract, THENCE North 89o 36" 40' East, passing at 30 0 feet the West line of Block Twenty-five (25) of the original townslte of the Clty of Denton, Texas, and passing at 50 0 feet an iron pin at the Northeast corner of sald Stone to Bushey Tract, the same being the Northwest corner of said Credit Union Tract, and contlnulng a total distance of 96 5 feet to the Northeast corner of said Credit union Tract, THENCE South 00o 28" 21' West, with tne East line of said Credit Union Tract, a distance of 150 24 feet to corner on the North line of Sycamore Street, sal~ corner oelng the Southeast corner of said Credit bnion Tract, THENCE West with the North llPe of Sycamore Street passing at 4~ 0 feet the Southwest ~orner of salt Stone tc Busney Tract and =O~tl~Uing a ~.a~ =lstance o~ ~5 ~5 feet BEGI~NiNG mhd cor~alnin~, 0 329- acre ')£ land 3 TERM OF CONTRACT The Initial term of this agreement shall commence on December 1, 2001 and end on November 30, 2002, constituting a twelve month period The contract will be renewed automatically thereafter on a month to month basis 4 NOTICE At least 30 days written notice of intent to vacate must be given to owners prior to move-out at the end of above term or any renewal or extension period Failure to do so will result in the forfeiture of deposit In the event of renewal or extension of the rental contract, rent shall be paid through the last day of the'month following the expiration of the 30 day notice period, unless owner agrees otherwise in writing 5 RENT Tenant will pay $4,025 00 per calendar month for rental and shall be paid by mall or in person to Denton Area Teachers Credit Union, , Denton~ Texas, 76201 Such payments to be made on or before the first day of each month Rent pald after the 1st day of each month shall be deemed late, and if rent is not paid by the third (3rd) day of the month, Tenant agrees to pay a late charge of $300 00 in addition to the rental payment, plus $50 00 per day until paid in full Should Tenant's rental payment become one (1) month in arrears, unless other specific arrangements are made Tenant shall be subject to evlctlon and upon written notice by Land- lord, shall vacate premises by date specified in such notice Partial payment of rent will not be accepted The entire month's rent is due in its' entirety on 1st day of month Tenant's rlght to possession is expressly contingent on the prompt payment of rent, and the use of the premises by Tenant is obtained only on the condition that rent is paid on time Tenant agrees to pay a $25 00 charge for each returned check 6 DAMAGE AND SECURITY DEPOSIT To insure that Tenant will comply with all of the terms and condItions of this agreement, Tenant has deposited with Landlord on the execution of this agreement the sum of $500 00, receipt of which is hereby acknowledged by Landlord, to be retalned by Landlord during the term of this agreement The secu3~lty deposit shall be refunded to Tenant within thirty (30) days following the termination of this contract, provided Tenant has complied with all of its obligations hereunder, less all costs and expenses incurred by Landlord in restoring the premises to the same condition as when rented (normal wear and tear excluded) plus any unpaid charges, damages, or rentals due to Landlord Landlord saal~ fur~ib~ a written description and itemized list of all ueuuctlons, provided Tenant furnishes Landlord a wr~tteu copy of Te~ant'~ forwarding address, but neither l~st uor tel=nd sha!~ be unless Tenant has provided the written 3~ ~ay~ auvance and suc~% ~orwarding address Should the tot~ herein authorized exceed the amount of the security deposit, Tenant agrees to pay to Landlord the amount of such excess 7 CARE OF PREMISES Tenant agrees to take good care of the premises and its fixtures and any furnishings, ama to suffer no waste and to make no alterations, additions or improvements without the prior written consent of Landlord No antennas, additional telephone outlets, lock changes or addltiona~ locks shall be permlttea except by Landlord's permission 8 OWNER WILL NOT BE LIABLE for any damages or losses to person or property caused by tenants or other persons Owner shall not be liable for personal injury or damage or loss of tenant's personal property from theft, vandalism, fire, water, rain, hall, smoke, explosions, acts of God, or other causes, unless the same is due to the negligence of owner O___wner stronclv recommends that ~enant secure insurance to ~rotect itself aaalnst all o~ the above occurrences 9 REPAIRS BY OWNER In case of needed repairs to the outside walls, roof, windows or foundation, heating and air conditioning systems, existing lighting fixtures, existing plumbing and electrical systems, tenant snall notify Landlord or Its representative immediately and Landlord shall act with due diligence in making repairs, and rent shall not abate during such periods If the premises suffers damage which causes the premises to be unusable by Tenant for the purpose it was leased, then during the repair period rent will be abated If repairs cannot be made within 30 days Landlord or Tenant may terminate this contract by written notice to other party If it is so terminated, rent will be prorated and the balance refunded along with the deposit, less lawful deductions IT SHALL be the further responsibility of Owner to cause the carpets to be cleaned twice a year and all windows to be cleaned quarterly on the outside 10 REPAIRS BY TENANT Tenant small maintain and keep in good repair the entire premises, save and except the windows, outside walls, roof and foundation, wnicn Landicra snail maintain Tenant will maintain and repair ail other fixtures ~ ra Including but not l~mited to Doors, and struc~u. 1 lt~ms~com fixtures and a~ytnlqg ~ot !!ste' zpslde walls, vinyl, ~ .... ~-r ...... Nine ~ alove as the responsibility of Cwner in ~ ~9~=~ - ~bRRENDEP OF THE PREMISES ~pon terminatiun of t~l- ~on .... Tenant covenants and agrees that it Wlii promote/ a-u peac~- fu!i/ ~rrender oossebs~or of the demised ~ ,=~, a~,3 w[ voluntarzly surrender and delzver to Landlord all of the personal property belonglng to Landlord It is agreed that Owner shall have the option to show the premises, by appoint- ment, during the fznal 15 days of Tenant's occupancy It is further agreed that during the last THIRTY (30) days of this agreement, Tenant shall compensate Owner in the amount of SEVEN THOUSAND FOUR HUNDRED EIGHTY-SIX DOLLARS ($7,486 00) for the replacement of carpet and shall pay the sum of ONE THOUSAND THREE HUNDRED siXTY. DOLLARS $(1,360 00) representing the cost to be incurred by Owner for the cost of painting the premises 12 TENANT AGREES TO REIMBURSE OWNER PROMPTLY for any loss, pro- perty damage, or cost of repairs or service (Including plumbing trouble) caused by neglzgence or improper use by tenant Tenant shall be responsible for damage from windows or doors left open such rel~d~ursement is due when Owner's representative makes demand Owner'S failure or delay demanding damage reimbursements, late-payment charges, returned check charges, or other sums due by Resident shall not be deemed a waiver, and owner may demand same at any time, including move-out. 13 RIGHT OF ENTRY Landlord shall have the right to enter upon the Tenant's premlses at all reasonable hours for the purpose of inspecting said premises, and making necessary repairs 14 EXHIBIT "A" Attached is Exhlblt "A" which representS speclflc parking spaces that are a part of this lease and are the ONLY parking spaces avallable for use by Tenant Landlord shall maintain and repair parking area in the same manner as it maintains the remainder of the parkzng lot 15 ENTIRE AGREEMENT This instrument in writing, termed a Rental Contract, contalns the entire agreement made by and between the parties heretO No oral agreements have been entered lnto in connection w~th the execution of this instrument, and none visions or conditions contained herein shall of the terms, pr~ ~-Ad in any way except by an instrument in be changed or writing, szgned by all of the parties hereto Addlt~onai terms and conditions to this contract That the payme~$ in ~sr,~raoh 11 ~ carpet and paint shall const~t,,te~ full payment fora~ repairs ~I~a~Yt'~M~rt"rm~ n~ tb~ 1~=~ no other p~a by Lessor for shy con~t~nn mf th,.-- leased p~emises Ha lease term. Th~s condition ~es~OD_t su~r~de-t]la terms S~NED th~s ~-7. day of ~~ , 200~ TENANT OWNER (LANDLORD)