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