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2001-472 ORDINANCE NO d~/' dT~'~ AN oRDrNANCE AUT.OmZmG rUE CITY MAN^OEP` TO ENTEP` INTO A LEASE AG~mEN~ BETWEEN THE CITY OF DENTON, TEXAS AND SUE BraT, AUTHOmZ~NC T~E EXPENDITUm~ OF FON~S, AN~ ep`OVIDING FOP. AN EFFECTIVE DATE WHEREAS, due to enwronmental con&t~ons at the Central F~re Station, there ~s a need to prowde temporary quarters for the fire personnel who were housed there, and WHEREAS, the C~ty Counml deems ~t ~n the pubhc ~nterest to enter ~nto a lease w~th Sue BuTt for those temporary quarters, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAiNS SECTION 1 That the C~ty Manager ~s hereby authorized to enter ~nto a lease agreement between the C~ty of Denton and Sue BuTt, a copy of which ~s attached hereto and ~ncorporated by reference here~n SECTION 2 That the C~ty Manager ~s authorized expend funds as reqmred by the attached contract SECTION 3 That th~s or&nance shall become effective ~mme&ately upon ~ts passage and approval PASSED ANDAPPROVEDth~sthe /~-'~/ dayof ~(~~ ,2001 E BRO~, IQiX~OR ATTEST JENNIFER WALTERS, CITY SECRETARY AP~;~AS TO LEGAL FOR~- LEASE AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND SUE BURT Date December 1, 2001 ("Effecbve Date") Landlord Sue Burt 216 W Oak Denton, TX 76201 Tenant C~ty of Denton, Texas 215 E McK~nney Denton, TX 76201 Premises The real property and improvements commonly known as 218 W Oak, Denton, Denton County, Texas, except however, Landlord shall retain the full use and rights of possession to 2700 square feet of sa~d ~mprovements, more or less, being the south 53 5 feet of said ~mprovements that face Oak Street Base Rent (monthly)' Total rent shall be $25,200 and shall be due and payable m equal monthly ~nstallments of $2,100 00 each, with the first ~nstallment due on December 1, 2001 and thereafter due and payable on the 1st day of each and every calendar month of the lease term Commencement Date December 1, 2001 Termlnat, on Date November 30, 2002 Secur,ty Deposit NONE Use of Prem,ses Any use related to the activities of the C~ty of Denton F~re Department as determined by the F~re Chief of the C~ty of Denton F~re Department and subject to the prior approval of Landlord for any use of premises not d~rectly related to the Denton F~re Department Amount of Liability and Property Insurance As determined by the F~re Chief of the C~ty of Denton F~re Department and subject to the pnor approval of Landlord Landlord understands that Tenant ~s a self-~nsured governmental enbty and that upon adequate evidence of self ~nsurance, Landlord w~ll accept self ~nsurance ~nstead of i~ab~hty insurance Landlord shall pay for fire and extended coverage ~nsurance on the property ~n the amount set forth ~n Paragraph C 4 below and maintain coverage dunng the term of th~s lease Terms and Deflmtlons. "Rent" means base rent due Landlord by Tenant "Landlord" means Landlord and ~ts agents, employees, ~nwtees, hcensees, or wsltors "Tenant" means Tenant and its agents, employees, inwtees, I~censees, or ws~tors "Essential Services" means heating, ventilating, a~r cond~bomng, water, and ubl~ty connecbons reasonably necessary for occupancy of the premises for the use stated above LEASE CLAUSES AND COVENANTS A Tenant agrees as follows 1 To lease the premises for the enbre term beg~nmng on the commencement date and ending on the termination date, unless the ~mprovements are part~ally or totally damaged by fire, water, or other s~m~lar causes, ~n which case Tenant and Landlord may agree to terminate the lease by wntten nobce from each party subject to Paragraph E 5 below 2 To examine and accept the premises ~n their present condition "aa ~s," the premises being currently suitable for Tenant's ~ntended use 3 To obey all laws, ordinances, orders, and rules and regulations apphcable to the use, condition, and occupancy of the premises, ~ncluding the rules and regulations of the building adopted by Landlord 4 To pay monthly, m advance, on the first day of the month, the base rent to Landlord at Landlord's address 5 To pay a late charge of 5 pement of any monthly rent not received by Landlord by the tenth day of the month ~n which the rent ~s due 6 To pay for all utlhty services to the building, it being expressly understood that there are no separate utlhty meters for the port~on of the building retained by Landlord and the leased premises to be used by Tenant Landlord shall not prowde any utlhty service to Tenant and shall not pay for any ubhty services to the Braiding 7 To repair and maintain the leased premises Landlord shall not be obligated to repair, replace and / or maintain any part of the leased premises except as set forth ~n Paragraph C 5 below Tenant further agrees to repair any damage to the premises d~rectly resulting from the neghgence or act~wbes of Tenant 8 To secure Landlord's prior approval and consent of any ~ntended leasehold ~mprovements to the leased premises Tenant agrees to secure all the necessary permits for any intended ~mprovements to the property and further agrees to be solely responsible for the payment of all expenses and costs associated w~th any such ~mprovements 9 To maintain pubhc hab~hty ~nsurance or self ~nsurance for the leased premises and the conduct of Tenant's bus~ness, as indicated ~n the Paragraph entitled "Amount of L~ab~hty and Property Insurance" 10 To dehver certificates of ~nsurance to Landlord when requested 11 To allow Landlord to enter the premises to ~nspect the premises and show the premises to prospective purchasers or tenants 12 To vacate the premises on termination of th~s lease Tenant agrees to refrain from the following 1 To use the premises for any purpose other than that stated in the basic lease terms and defln~bons 2 To (a) create a nuisance, (b) ~nterfere w~th any other tenant's normal business operations or Landlord's management of the building, (c) permit any waste, or (d) use the premises In any way that ~s extra hazardous, would ~ncrease ~nsurance premiums, or would void ~nsurance on the braiding 3 To alter the premises without Landlord's prior approval and wntten consent 4 To allow a hen to be placed on the premises 5 To assign th~s lease or sublease any port~on of the premises 6 To use any part of the premises for temporary or permanent parking of fire department vehicles or personal vehicles of staff or personnel Landlord agrees as follows 1 To lease to Tenant the premises for the entire term beginning on the commencement date and ending on the termination date 2 To obey all laws, ordinances, orders, and rules and regulations apphcable to the use, condition, and occupancy of the building 3 To prowde normal ut~hty service connecbons to the building, subject however, to Paragraph A 6 above 4 To ~nsure the building against all risks of d~rect physical loss ~n an amount equal to at least 90 percent of the full replacement cost of the building as of the date of the loss and hab~hty, Tenant w~ll have no claim to any proceeds of Landlord's ~nsurance pohcy 5 To maintain the foundabon, the exterior walls and the roof of the leased premises In good repair Landlord shall not be obhgated to repair, replace and / or maintain any part of the leased premises damaged as a result of the neghgence or acbwtles of Tenant D Landlord agrees to refra,n from the following 1 Interfere w~th Tenant's possession of the premises as long as Tenant ~s not ~n default 2 Unreasonably w~thhold consent to ~ntended leasehold ~mprovements by Tenant E Landlord and Tenant agree to the following 1 Alterations Any physical add~bons or ~mprovements to the premises made by Tenant w~ll become the property of Landlord Landlord may require that Tenant, at termination of th~s lease and at Tenant's expense, remove any physical add~bons and ~mprovements, repair any alterations, and restore the premises to the cond~bon ex~sbng at the commencement date, normal wear and tear excepted 2 Abatement Tenant's covenant to pay rent and Landlord's covenants are independent of each other Except as otherwise prowded, Tenant shall not be entitled to abate rent for any reason 3 Release of ClalmslSubrogatlon Landlord and Tenant release each other from any claim, by subrogabon or otherwise, for any damage to the premises, the building, or personal property within the building, by reason of firs or the elements, regardless of cause, ~ncludmg neghgence of Landlord or Tenant Th~s release applies only to the extent that ~t ~s permitted by law, the damage ~s covered by ~nsurance proceeds, and the release does not adversely affect any ~nsurance coverage 4 Notice to Insurance Compames Landlord and Tenant w~ll nobfy the issu~ng insurance companies of the release set forth In the preceding paragraph and will have the insurance pohcles endorsed, ~f necessary, to prevent ~nvahdat~on of the ~nsurance coverage 5 Casualty/Total or Part~al Destruction (a) If the premises are damaged by casualty and can be restored w~th~n ninety days, Landlord w~ll, at ~ts expense, restore the premises to substantially the same cond~bon as they existed before the casualty If Landlord fa~ls to complete restorabon w~thln ninety days from the date of wntten nobflcatlon by Tenant to Landlord of the casualty, Tenant may terminate his lease by written notme to Landlord (b) If the premises cannot be restored w~th~n mnety days, Landlord has an option to restore or not to restore the premises If Landlord chooses not to restore, th~s lease w~ll terminate If Landlord chooses to restore, ~t w~ll not~fy Tenant of the esbmated t~me to restore and g~ve Tenant an option to terminate th~s lease by notifying Landlord within ten days If Tenant does not terminate th~s lease, it shall continue and Landlord shall restore the premises as provided ~n (a) above (c) To the extent the premises are uninhabitable after the casualty and the damage was not caused by Tenant, the rent w~ll be abated or adjusted as may be fair and reasonable 6 Condemnation/Substantial or Part, al Tak,ng (a) If the premises cannot be used for the purposes contemplated by th~s lease because of condemnabon or purchase ~n heu of condemnation, th~s lease w~ll terminate (b) If there ~s a condemnabon or purchase m heu of condemnation and th,s lease ~s not terminated, Landlord w~ll, at Landlord's expense, restore the premises, and the rent payable dunng the unexpired port~on of the term w~ll be adjusted as may be fair and reasonable (c) Tenant w~ll have no claim to the condemnation award or proceeds ~n heu of condemnabon 7 Default by Landlord/Events Defaults by Landlord are (a) fa~hng to comply w~th any prows~on of th~s lease w~thm thirty days after wntten not;ce by Tenant or (b) fa~l~ng to prowde essential services to Tenant w~th~n ten days after wntten nobce 8 Default by Landlord/Tenant's Remedies Tenant's remedies for Landlord's default are to (a) sue for damages, and (b) ~f Landlord does not prowde an essential service for thirty days after default, terminate th~s lease 9 Default by Tenant/Events Defaults by Tenant are (a) fa~hng to pay bmely rent, (b) abandomng or vacating a substantial port~on of the premises, or (c) fa~hng to comply w~th~n ten days after wntten not~ce by Landlord, w~th any prows~on of th~s lease other than the defaults set forth ~n (a) and (b) above 10 Default by Tenant/Landlord's Remedies Landlord's remedies for Tenant's default are to (a) enter and take possession of the premises, after which Landlord may relet the premises on behalf of Tenant and receive the rent d~rectly by reason of the relett~ng, and Tenant agrees to reimburse Landlord for any expenditures made ~n order to relet, (b) enter the premises and perform Tenant's obhgat~ons, or (c) terminate this lease by wntten not~ce and sue for damages Landlord may enter and take possession of the premises by self- help, by p~ck~ng or changing locks If necessary, and may lock out Tenant or any other person who may be occupying the premises, until the default ~s cured, w~thout being hable for damages 11 Default/Wa,ver/Mlflgat~on It ~s not a waiver of default ~f the nondefault~ng party fa~ls to declare ~mmed~ately a default or delays ~n taking any action Pursuit of any remedies set forth ~n th~s lease does not preclude pursuit of other remedies ~n this lease or provided by law Landlord and Tenant have a duty to m~tlgate damages 12 Holdover If Tenant does not vacate the premises following termination of th~s lease, Tenant shall be a tenant at w~ll and shall vacate the premises on receipt of not~ce from Landlord No holding over by Tenant, whether w~th or w~thout the consent of Landlord, w~ll extend the term 13 Alternative D~spute Resolution Landlord and Tenant shall submit ~n good faith to mediation before flhng a stat for damages 14 Attorney's Fees If e~ther party retains an attorney to enforce th~s lease, the preva~hng party ~s entitled to recover reasonable attorney's fees 15 Venue Venue ~s ~n the county ~n which the premises are located 16 Entire Agreement. Th~s lease ~s the enbre agreement of the part~es, and there are no oral representations, warrant~es, agreements, or promises pertaining to th~s lease or to the expressly mentioned exhlbRs and .ders not ~ncorporated in w.bng ~n th~s lease 17 Amendment of Lease This lease may be amended only by an instrument ~n wnt~ng signed by Landlord and Tenant 18 Limitation of Warranties There are no ~mphed warranties of merchantab~hty, of fitness for a particular purpose, or of any other kind arising out of th~s lease, and there are no warranbes that extend beyond those expressly stated in th~s lease 19 Notices Any not~ce reequ~red by th~s lease shall be deemed to be dehvered (whether or not actually received) when depomted w~th the United States Postal Service, postage prepaid, certified ma~l, return receipt requested, and addressed to Landlord or Tenant at their addresses 20 Abandoned Property Landlord may retain, destroy, or d~spose of any property left on the premises at the end of the term CiTY OF DENTON, TEXAS gUE-B-EET7Lar~al'ord Date BY Manager Date J'F_~NJFF~ WALTERS, C,ty Secreta~ I~ate APPROVED AS TO LEGAL FORM. HERBERT L PROUTY, City Date