2000-380 ORDINANCE NO ~
AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING A LEASE
AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND DAVID C MARTINO
FOR OFFICE SPACE FOR THE CITY OF DENTON MAIN STREET DEPARTMENT
LOCATED AT 100 NORTH LOCUST, SUITE 2, AUTHORIZING THE EXPENDITURE OF
FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS
S__ECTION 1 The City Manager is hereby authorized to execute a Lease Agreement
between the C~ty and David C Martmo for office space for the Ctty of Denton Mtun Street
Department located at 100 North Locust, State 2, in substantially the form of the Lease
Agreem,nt attached hereto and made a part of this ordinance for all purposes (the "Lease
Agreement")
~ The C~ty Manager ~s authorized to make the expenditures as set forth in the
attached Lease Agreement
S~ECTION 3_ This ordinance shall become effective immediately upon tts passage and
approval
PASSED AND APPROVED this the ~/_r/5/~_ day of__~_~a'~o/90-/-' ,2000
~UL1NE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
-itl ' ¥ EGAL FORIVl
APPI~(2)VED AS TO L
HERBE~~ ATTORNEY
BY __
S \Our Documents\Contraets\OO~Vlartmo Lease Agreement doc
LEASE AGREEMENT BETWEEN THE CITY OF
DENTON, TEXAS AND DAVID C MARTINO
I
PARTIES. This Lease ~s between the City of Denton, 215 E McKmney, Denton, Texas,
("Lessee") and David C Mart~no ("Lessor") to lease property located at 100 North Locust, State
2 ("Property"), Denton, Denton County, Texas
II.
TERM The ~mtml term of this Lease shall commence on the 1st day of November 2000
and end October 31, 2001 A new Lease Agreement must be signed by both parties 30 days
before the end of the above term, unless written nottce of termination ~s given by e~ther party At
the end of the mltml term, Lessee has the right to renew th~s lease for an additional 12 months
w~th the same terms and agreements with a 3% cost of hying ~ncrease Notice of the renewal
shall be g~ven m the same manner as for the Move-Out Notice and Early Move-Out ~n paragraph
III of th~s lease
III
MOVE-OUT NOTICE AND EARLY MOVE-OUT. At least 30 days written nottce of
~ntent to move out must be g~ven to Lessor In no event may Lessee's move-out not,ce terminate
the Lease sooner than the end of the Lease term unless there is substantial malfunctton of utlhtles
or damages by water or fire, or s~m~lar cause as specified below under Sectton X, DAMAGES
AND DESTRUCTION
iv
d
RENT. Lessee shall pay One Thousand Five Hundre s ($[,5~0 00) per
month for rental, on or before the first day of each month (the due date) If all rent is not paid by
the 3rd day of the month, Lessee agrees to pay an ~mt~al late charge of Twenty-five Dollars
($25 00) plus a late charge of $1 50 per day thereafter until pard ~n full Lessee agrees to pay a
charge of Twenty-five Dollars ($25 00) for each returned check
V
CONDITION OF pREMISES. Property ~s expected to be in the same conditton at the
t~me of move-out as ~t was at the t~me of move-m, reasonable wear and tear made dunng
occupancy, and ~mprovements made prior to occupancy ~s excepted Lessee agrees to test smoke
detectors before occupying the Property, and ~s responsible for notifying Lessor ~f smoke
detectors are not funcUonal throughout Lessee's occupancy Batteries for smoke detectors, AC
' e
filters, and hght bulbs wall be replaced at Lessee s expens
VI.
INSURANCE Lessor shall pay for fire and extended coverage on the Property
VII.
LIABILITY Lessor will not be liable to Lessee or Lessee's guests for any damages or
losses to person or property, including theft, burglary, assault, vandalism, or other crimes
Lessor wlll not be liable to Lessee or guests for personal injury or for damage to or loss of their
personal property from fire, flood, water leak, ram, hall, ice, snow, lightning, wind, explosion,
interruption of ut~htles, or other occurrences unless the damages from these occurrences are
attributable in any way to Lessor's neghgence Lessor strongly recommends that Lessee secure
its own insurance to protect against all of the above occurrences
VIII
REPAIRS AND MALFUNCTIONS Lessee agrees to request all repairs and services
in writing to Lessor, except m an emergency when a telephone call will be accepted Workers
shall have the right to temporarily turn off equipment and interrupt utthties to perform repairs or
mmntenance whmh require such interruption Lessor shall keep the foundation, the exterior
walls, and the roof in good repair except that Lessor shall not be reqmred to make any repairs
occasioned by the neghgence of Lessee, it's employees, subtenants, licensees and
concessionaires Lessor will make all repairs within a reas°nable time °f Lessee's request
IX
DAMAGE AND DESTRUCTION In case of malfunction of utilities or damage by
fire, water or similar cause, Lessee shall notify Lessor immediately The Lease shall continue
and rent shall not abate dunng such periods, unless the damages are substantial If damages are
substantial, Lessor or Lessee may terminate this Lease in writing In this case, rent shall be
prorated and the balance and deposits refunded
X
REIMBURSEMENT Lessee shall promptly reimburse Lessor for any loss, property
damage, or cost of repairs or services caused to the Property by negligence or improper use by
Lessee or guests This includes damages to doors, windows, or screens, repmr costs and
damages from plumbing stoppages in lines exclusively serving Property, and damages from
windows or doors left open Lessor's fmlure or delay in demanding damage reimbursement,
late-payment charges, returned checks or other sums due shall not be deemed a wmver, and
Lessor may require payment at any time Lessor may require advance payment of repairs for
which Lessee is liable
XI.
WHEN LESSOR MAY ENTER. Lessor may enter Property when and tf the rent ~s
more thanl seven (7) days dehnquent
XII.
CLEANING. Upon move-out, the property must be cleaned thoroughly If Lessee fails
to clean, reasonable charges to complete such cleamng shall be deducted
XIII
E×ECUTED th~s !'~. aay of_ (3~ ,2°°°
' ?~iCUAEL//W J~e, I~ ~ANAG~R
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L p~)UTY, CITY ATTORNEY
BY ~~ LESSOR
A¥~DG-MPd~INO, OWNER