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2000-253 O INANCE NO AN ORDINANCE APPROVING A COMMERCIAL LEASE CONTRACT BETWEEN THE CITY OF DENTON AND SCOTT BROWN PROPERTIES, INC, LANDLORD, MANAGER AND AGENT FOR ASH PROPERTIES RELATING TO THE LEASE OF OFFICE SPACE AT THE TEXAS BUILDING LOCATED AT 100 W OAK ST, SUITES 101 AND 107, DENTON, TEXAS 76201, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS SECTION 1 The City Manager is hereby authorized to execute a Commercml Lease Contract between the C~ty and Scott Brown Properties, Inc, landlord, manager and agent for Ash Properties, m substantially the form of the Commercml Lease Contract which ~s attached to and made a part ofth~s ordmance for all purposes, for the lease of office space at the Texas Building, located at 100 W Oak St, States 101 and 107, Denton, Texas 76201 SECTION 2 The C~ty Manager ~s authorized to make the expenditures as set forth ~n the attached Commereml Lease Contract SECTION 3 Thru ordinance shall become effective lmmedmtely upon its passage and approval , ooo EULINE BROCK, MAYOR ATTEST[ JENNIFER WALTERS, CITY SECRETARY HERBERT L pR~~TORNEY BY ~~ SCOTT BROWN PROPERTIES, INC. RESIDENTIAL AND COMMERCIAL LEASING 1400 Dallas Dr Suite B Denton, Texas 76205 E-Mall SBP RFNT(a)JUNO COM (940) 24S-RENT (940) 48S-SFAX PRO-RATED RENT $ COMMERCIAL LEASE CONTRACT-TEXAS BUILDING Date Signed 1 PARTIES This lease is between The City of Dentun, hereinafter referred to as "Tenant" for the property located at 100 W Oak St, Sm~ 101 & 107, Denton, Texas 76201, "The Texas Bmldmg', and Scott Brown Preperhes, Inc, Landlord/Manager/Agent for Awh Properties at 1400 Dallas Dr, Santa B, Denton, Texas 76205 2 RENT Tenant wall pay $1,700 00 per month for rent, on or before the 1st day of each month (the due date) If all rent is not paid by the 3~a day of each month, tenant agrees to pay an uutlal LATE CHARGE of $25 00 plus a late fee of $3 00 per day thereafter, until paid m full On the 7~h day of each month, ffyou are stdl delinquent wxth rent, you vail be reported to the major credit bureaus (TRW Equffax) and will be Judicially Exacted Tenant agnms to pay a CHARGE (NSF FEE) of $40 00 (cash or money order) for EACH retumed cbeck, Phis Lrutlal end adchttonal late 0harges All rent to be paid to Ash Prot~erttes, Inc % Scent Brown Properties ~ 1400 Dallas Dr, State B Denton, Texas 76205 3 ~ Tenant agrees that seeunty deposit shall be the sum of $1,700 00 No interest will be paid to Tenant on the seeuntydepus~t Upanmove.out, avisualmspeettanandwalkthroughofthepropartyarerequ~redby SeottBrownpr°PeOaes, lne ("SBP') Damages vnll be dedtmted from the depea~t amount (Also see See 4, 6, 7 12, 15) Texas Property Code provides that Tenant may not wiflthold payment of any portion of rite last month's rent on grounds that the security deposit is security for any tmpaid rent. Bad fallh violations sub jeer Tenant to liability up to three times the rent wrongfully withheld and the Landlord's reasonable utlorney fees 4 APPLICATION O FUNDS Landlord will apply all funds received from Tanant first to any non-rent obhgnttons of Tenant including late charges, returned check charges, unpaid security deposit balances, charge-backs for repairs, brokerage fees and parwthc utilities then to rent regardless of any notatmns on the check, money order or cash 5 LEASE TERM The imtlal term of the lease shall commence an the 16th day of August, 2000 and end on the 31'* day of October, 2001 A new lease contract or ex~nslan must be signed by both pariaes 30 days before the end of the above lease term, unless termmat~an notice Is given by either party The total rent due for the term of the lease harem shall be $24,650 00 6 AUTOMATIC ~NEWAL AND NOTICE OF TERMINATION This lease will automatically renew on a month-to-month basis unless either party provides the other party written notice of termination at least thirty (30) days before the termmatton date VERBAL NOTICE iS NOT $UFFiCIRNT UNDER ANy CIRCUMSTANCES If this lcese is automaixcally renewed on a reonth-to-month basis, a $50 00 monthly f~e will be added to yous rent Elthar party may terminate the renewal of th~s lease by proxadmg written notice to the other party and the renewal will terminate on tho lasts day of the month m which the notice is given Lf notice as given on the FIRST day of the month If the notice as given on a day other than the FIRST day of the month, the renewal will tenmnate on the lasts day of the mouth following the month m winch the nohee wes given 7 MOVE-OUT NOTICE and EARLY MOVE-OUT At least 30 days WRITTEN not,ce of intent to move out must be given to SBP (Which must be given oB the 1st day of the month) You must also come in to the office and sign a 30 day release notice, if this form is not filled out, your 30 day whiten notice vMl be null and void In NO event may tenants move-out not,ce terrmnate the lease sooner than the end ortho lease term Ifyou do, you will be hable to SBP for a re'letting charge (n°t t° exceed 85% °f the highest monthly rant dunng the Lease Ceac~tr aCmot)n °thf $ l 'on~4atS~00s'lZarue.~r mat tent e~ al IyYc fu°ffx~Tltl Yb~a~f~l 'od~°a sd~tert~ ~Bt~ anes/;rr~l 71,1oube responsible for pa~t~a ~ the remainder of the rent A) Fad to 8tve a 30 day WR. rlTEIq move-out notice B) Move out without SBP written approval and vnthout paying rent m full for the ENTIRE Lease Term C) Move out at SBP damand bcoanse of your default D) If you are jurheially evmted 8 RULES mud REGULATIONS Tenant shall enmply vath any and all written rules and regulations, winch shall be considered part of tins leesc contract ~BPmaymakereasonablcmlocinmgesmwntm8andthstnbutet°alltenants Tanant agrees that the conduct o/ tensnt and guests shall not be d~sordarly, boisterous or unlawful Tenant shall be hable to owner for damages caused by tenant or guests The propea'ty reserved for tenants private use shall be kept clean and samtary by tenant SBP may regulate the manner, t~mc, and plac~ of all parking Tenant shsll be m comphance vnth any and all reqmroments f~rom City, State and/or Federal authorities for such as penmts, hcenses and such as may be approlmate for thc faclhty being leased and/or the busmess being operated on the leased prermses and shall ~rnam m full compliance at all tmaee 9 CONDITION OF THE PREMISES ON MOVING IN OR OUT Property ~s expected to be m same ennthtmn at tune of move-out as ~twasattnneofmove-m, rensonablewear~saccepted SBPmakesNOmtphedwarrant~es Tenantvnll, at thetr own expense, replaeeany and all hght bulbs and atr filtors Unless otherwme noted, agreedtotheproperty~sleesed"as~s' Any and all ~pmrs, waprovemants, etc to be made at the expense of the Tenant The property is to be left m as good or bettor con&t~on upon move out 10 LIABILITY S~Pwdln~tbehabletoTenantorTen~nt,sguestsforanydamagesorl~ssestopers~n~rpr~pertycansedby~therpersuns~ including theft, burglary, assault, vandalism, or other cranes SBP will not be hable to Tenants or guests for personal mjmy or for damage to or loss ofthmr personal propexty from fire, flood, water leak, ram, hall, ~ce snow hghtnmg, wind explosion, ~ntermptaun of utilities or other occurronce~s SBPstr~nglyrco~ram~ndsthattena~tscourethe~r~wnmsuran~et~protectagumstall~ftheabove~c~urren~es Tenantvall obte~n appropriate mstmm~ coverages as may be reqrared depenchng on the facfitty being leased and/or business being operated and ~n such amounts as may be deemed appropriate and/or as agr~xi SBP and/or the Owner of the property shall be named as additional insured vath a cortfficate of insurance being delivered to tins office when apprepnate 11 REPAlRS and MALFUNCTIONS Tenant agrees to request all repairs m WRITING to SBP except m an emergency when telephone culls will be accepted Workers shall have the right to temporarily torn offeqmpment and mterrupt utfitt~es t° l>vff°nn repairs or maintenance winch reqmre raterruptron Landlord to ensure hghts / fixtures m good worlong order upon move m Thereafter ~ tenant responmble for replacement of hght bulbs Landlord vail maintain I-IVAC, electrical system, ballasts m light fixtures and all common areas In case of maheunct~on of utflfl~es or damage by ftre, water, or snmlar cause, tenant shall notify manager ~mmedtately The leese shall enntmue and rent shallnotabetedormgsuchpenods ffdamasesaresubstentml, SBPmaytermmateth~sleasemwntmg Intinscase rentshullbepro-rated and the belance of deposits refunded if Landlord or a repldr person is ramble to access the property after malch~ arrangements wi~tl Tenant to complete fl~e repair, Tenant shall pay any trip eharges incurred 12 ~ Tenant shall promptly reimburse SBP for any loss, property damage or cost of repmrs or servtces caused m the rent property by neghgenee or tmproper use by tenant or guests Tins mcindas damages to doors, windows or screens, repmr costs and damagee from pinmbm6 stoppases m lines oxcinslvely serv;ng restdants property and damages from windows or doors left open SBP may requn'e payment at any tune, mcludm$ deduct~an from security deposit SBP may reqmre advance payment of repmrs for winch Tenant ~s hable 13 WHEN MANAGER MAY ENTER Manager may enter Tenants property when and ff dalmquent rent exceeds seven (7) days 14 CONTRACTUAL LIEN ~md ABANDONMENT NOT APPLICABLE 15 CLEANING Upon move-out, the proI~rty must be cleaned thoroughly If Tenant farls to clean, reasonable charges to complete such cleenmg vail be dethmted from the scoux~ty deposit Tenant to prov~da their own jamtonal serrate for their space 16 GENERAL RESTRICTIONS Tenant agrees not to A) Sublet or asstgn the umt, or any part of the umt D) Make o~ pemut no~ses or acts that will &sturb the nshts of ne~jabors The Tenant agrees to keep the volume of any radto stereo phonograph, t~lews~en or mus~eal instrument at a level wbach wdl not thsturb the neighbors 17 UTILITIES Landlord to be responsible for all uttht~os - mcfu&n$ eleetnc serwce water, trash, sewer, gas Tenant to be responsible for CATV, phone 18 INSURANCE ITha C~ty of Denton ~s selfmsurcd 19 USE The mtendad and agreed upon use of the prenuses shall be only the fullowms general offices No other use shall be pernutted w~thout written approval of SBP 20 ALTERATIONS/IMPROVEMI~NTS Any and all alterations end maprovements to the premises vall be penmt~ed vathout thc knowledseandapprovalofSBP Anyandallsuehrequostsshallbomadamwntmgw~thenmpletomformat~onanddatafls Unlessotherwise agreed any and all sueh alterat~on~ / nnprovements shall be at the expense of the Termnt and shell be m full compliance with any and all appheableloeal, statoand/orfoderalgovernmentalregnlattons reqmrements e~les ponmts heanses, etc Any and all such alteratsons and improvements shall beeome the property of the Owner and shall be lef~ upon vacatm8 the property or the property shall bo returned to the original con&t~on ttwas m at the outset of the lease as may be ag~.,d upon Unless sp~fically agreed to the space is lease. A m an as ~s eon&Uon with tenant responsible for any and all maprovoments, rcparrs, etc 21 HVACSYSTEM HVACxsaefullwatertwoptpesyst~xs Inthewmtermonths~tenantsareexpeetedtoobta~nthe~rownspaceheaters as it is not possible to svatoh fi'om heat to a/c on days that wdl bo cool m the morning but requure a/c m the afternoon 22 $IGNAGE Tenantmayhavelottenngplacedonthowmdow(s)lnplace°fexlstmglettenng Landlord wfll prowda a name plate for the door as well as hstmg m the bmldmg marquees m the lobby at each entrance 23 PARKING A large parkmglot has been reserved for use by tenants / guests of the Texas Bmlchng on Oak St Parkmg ~s on a first oome / first scxwd hasps at no oharge Ample parkmg ~s available 24 CERTIFICATI~ OF OCCUpANCY It~sther~sp~nsth~y~ftbotenantt~c~mP~yw~ththerequuements~fthaC~ty~fD~ntonralat~ve to obtawang a Certificate of Oooupanoy Apphcat~on shonld ha mada at C~ty Hall - Bmldmg Inspeot~on Dlws~on 25 SPECIAL PR~ 26 ANY CHANGES MADE TO THIS LEASE, MUST BE MADE IN WRITING AND SIGNED BY BOTH PARTIES (TENANT AND Sco~t Brown Proper~ies, Inc.) 27 PERSONAL INFORMATION NAME $S# D/L LICENSE # .DOB WORK # EMERGENCY NAME / # Home Phone # Fax # Mobile # Work Phone # E-Marl Other Phone