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)