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06-108 - R TOWN OF PROSPER,TEXAS RESOLUTION NO. 06-108 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, HEREBY AUTHORIZING THE MAYOR OF THE TOWN OF PROSPER, TEXAS, TO EXECUTE A LEASE AGREEMENT WITH NELL TEMPLIN FOR THE PROPERTY LOCATED AT 110 W. BROADWAY ON BEHALF OF THE TOWN OF PROSPER,TEXAS. NOW,THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER,TEXAS: SECTION 1: The Mayor of the Town of Prosper,Texas, is hereby authorized to execute, on behalf of the Town Council of the Town of Prosper, Texas, a lease agreement with Nell Templin for the property located at 110 W. Broadway for the intended use of municipal offices. SECTION 2: This Resolution shall take effect immediately upon its passage. RESOLVED THIS THE 10th day of October, 2006. harles Nisw ger, Mayor ATTEST TO: .„„t.„,,„ O R p o, thew Denton, Town Secretary �`�� .••'•••• S�,p d _ • /` 0 s s' a• e Co • a° TEXAS ots°% COMMERCIAL LEASE This lease is made between Nell Templin, herein called Lessor, and the Town of Prosper, Texas herein called the Lessee. Lessee hereby offers to lease from Lessor the premises situated in Collin County, Texas, described as 110 W. Broadway, Prosper, Texas,upon the following terms and conditions: 1. Term and Rent Lessor demises the above premises for a term of twelve (12) months, commencing October 1, 2006 and terminating on September 30, 2007 or sooner as provided herein at the monthly rental of Six Hundred Ninety and no/100 ($690.00) Dollars, payable in twelve (12) equal monthly installments in advance on the 1st day of each month for that month's rental, during the term of this lease. All rental payments shall be made to the Lessor at P.O. Box 182, Prosper, Texas 75078. 2. Late Charges. If the Lessee fails to timely pay any month's rent, Lessee will pay Lessor an initial late charge of$25.00 plus additional late charges of$10.00 per day thereafter until rent is paid in full. If Lessor receives the monthly rent by the 5th day of the month, Lessor will waive the late charges for that month. Any waiver of late charges under this paragraph will not affect or diminish any other right or remedy Lessor may exercise for Lessee's failure to timely pay rent (including reporting late payments to consumer reporting agencies). 3. Use. Lessee shall use and occupy the premises as general office and use. The premises shall be used for no other purpose. Lessor represents that the premises may lawfully be used for such purpose. 4. Care and Maintenance of Premises. Lessor acknowledges that the premises are in good order and repair, unless otherwise indicated herein. Lessee shall, at its own expense and at all times, maintain the premises in good and safe condition, including plate glass, electrical wiring, plumbing and heating installations and any other system or equipment upon the premises, and shall surrender the same at termination hereof in as good condition as received, normal wear and tear excepted. Lessee shall be responsible for all repairs required, excepting the roof, exterior walls and structural foundations, unless repairs to the roof, exterior walls or structural foundations are required as a result of negligence or damage on the part of Lessee, in which event Lessee shall be responsible for such repairs. 1 5. Alterations. Lessee shall not, without first obtaining the written consent of Lessor, which shall not be unreasonably withheld, make any structural alterations, additions or improvements exceeding$500.00 in, to or about the premises. 6. Ordinances and Statutes. Lessee shall comply with all statutes, ordinances and requirements of all municipal, state and federal authorities now in force or which may hereafter be in force pertaining to the premises, occasioned by or affecting the use thereof by Lessee. 7. Assignment and Subletting. Lessee shall not assign this lease or sublet any portion of the premises without prior written consent of the Lessor, which shall not be unreasonably withheld. Any such assignment or subletting without consent shall be void and, at the option of Lessor, may terminate this lease. 8. Utilities. All applications and connections for necessary utility services on the demised premises shall be made in the name of Lessee only, and Lessee shall be solely liable for utility charges as they become due, including those for water, gas, electricity and telephone services. 9. Entry and Inspection. Lessee shall permit Lessor or Lessor's agents to enter upon the premises at reasonable times and upon reasonable notice for the purpose of inspecting the same and will permit Lessor at any time within sixty (60) days prior to the expiration of this lease to place upon the premises any usual "to let" or "for lease" signs and permit persons desiring to lease the same to inspect the premises thereafter. 10. Possession. If Lessor is unable to deliver possession of the premises at the commencement hereof, Lessor shall not be liable for any damage caused thereby nor shall this lease be void or voidable, but Lessee shall not be liable for any rent until possession is delivered. Lessee may terminate this lease if possession is not delivered within three (3) days of the commencement of the term hereof. 11. Insurance. Lessee, at its expense, shall maintain contents insurance and public liability insurance including bodily injury and property damage insuring Lessee. Lessor, at its expense, shall maintain casualty and public liability insurance including bodily injury and property damage insuring Lessor. To the maximum extent permitted by insurance policies which may be owned by Lessor or Lessee, Lessee and Lessor, for the benefit of each other, waive any and all rights of subrogation which might otherwise exist. 2 12. Eminent Domain. If the premises or any part thereof or any estate herein or any other part of the building materially affecting Lessee's use of the premises shall be taken by eminent domain, this lease shall terminate on the date when title vests pursuant to such taking. The rent and any additional rent shall be apportioned as of the termination date, and any rent paid for any period beyond that date shall be repaid to Lessee. Lessee shall not be entitled to any part of the award for such taking or payment in lieu thereof, but Lessee may file a claim for any taking of fixtures and improvements owned by Lessee and for moving expenses. 13. Destruction of Premises. In event of a partial destruction of the premises during the term hereof from any cause, Lessor shall forthwith repair the same, provided that such repairs can be made within sixty (60) days under existing governmental laws and regulations, but such partial destruction shall not terminate this lease, except that Lessee shall be entitled to a proportionate reduction of rent while such repairs are being made, based upon the extent to which the making of such repairs shall interfere with the business of Lessee on the premises. If such repairs cannot be made within said sixty (60) days, Lessor, at his option, may make the same within a reasonable time, this lease continuing in effect with the rent proportionately abated as aforesaid, and in the event that Lessor shall not elect to make such repairs which cannot be made within sixty (60) days, this lease may be terminated at the option of either party. In the event that the building in which the demised premises may be situated is destroyed to an extent of not less than one-third of the replacement costs thereof, Lessor may elect to terminate this lease whether the demised premises may be injured or not. A total destruction of the building in which the premises may be situated shall terminate this lease. 14. Lessor's Remedies on Default The following events shall be deemed to be events of default by Lessee under this lease: (a) Lessee fails to pay any installment of rental or any other expense demanded by Lessor as herein provided and such failure continues for a period of ten days. (b) Lessee fails to comply with any term, provision or covenant of this lease other than the payment of rental or expenses demanded by Lessor and does not cure such failure within ten days after written notice thereof to Lessee. (c) Lessee or any guarantor of Lessee's obligations under this lease becomes insolvent, makes a transfer in fraud of creditors or shall make an assignment for the benefit of creditors. 3 (d) Lessee or any guarantor of Lessee's obligations under this lease files a petition under federal or state bankruptcy laws or under any similar law or statue of the United States or any state thereof; or Lessee or any guarantor of Lessee's obligations under this lease is adjudged bankrupt or insolvent and proceedings filed against Lessee or any guarantor of Lessee's obligations under this lease. (e) A receiver or trustee is appointed for the leased premises or for all or substantially all of the assets of Lessee or any guarantor of Lessee's obligations under this lease. (f) Lessee deserts or vacates any portion of the leased premises. (g) Lessee does or permits to be done anything which creates a lien on the leased premises. (h) The business operated by Lessee is closed for failure to pay any required state sales tax or for any other reason. Upon occurrence of any default by Lessee as set forth above, Lessor shall have the option to pursue any one or more of the following remedies without any notice or demand whatsoever: (a) Terminate this lease, in which event Lessee shall immediately surrender the leased premises to Lessor, and if Lessee fails to do so, Lessor may, without prejudice to any other remedy which he may have for possession or arrearages in rental, enter upon and take possession of the leased premises and expel or remove Lessee and any other person who may be occupying the leased premises or any part thereof, by force if necessary, without being liable for prosecution or any claim of damages therefor. (b) Enter upon and take possession of the leased premises and expel or remove Lessee and any other person who may be occupying the leased premises or any part thereof, by force if necessary, without being liable for prosecution or any claim for damages therefor with or without having terminated the lease. (c) Alter all locks and other security devises at the leased premises without terminating the lease. 4 No such alteration of locks or other security devices and no removal or other exercise of dominion by Lessor over the property of Lessee or others at the leased premises shall be deemed unauthorized or constitute a conversion, Lessee hereby consenting, after any event of default, to the aforesaid exercise of dominion over Lessee's property within the leased premises. Lessee agrees that any re-entry by Lessor may be pursuant to a judgment obtained in forcible detainer proceedings or other legal proceedings or without the necessity for any legal proceedings, as Lessor may elect, and Lessor shall not be liable in trespass or otherwise. If Lessor elects to terminate this lease by reason of an event of default, then notwithstanding such termination, Lessee shall be liable for and shall pay to Lessor the sum of all rental and other indebtedness accrued to date of such termination. If Lessor elects to repossess the leased premises without terminating this lease,then Lessee shall be liable for and shall pay to Lessor all rental and other indebtedness accrued to the date of such repossession, plus rental required to be paid by Lessee to Lessor during the remainder of the term of this lease until the date of expiration of such term diminished by any net sums thereafter received by Lessor through reletting the leased premises during such period (after deducting expenses incurred by Lessor in connection with reletting the leased premises). 15. Security Deposit A security deposit is waived. 16. Attorney's Fees. In case suit should be brought for recovery of the premises or any sum due hereunder or because of any act which may arise out of the possession of the premises by either party, the prevailing party shall be entitled to all costs incurred in connection with such action, including reasonable attorney's fees. 17. Notices. Any notice which either party may or is required to give shall be given by mailing the same, postage prepaid, to Lessee at the premises or Lessor at the address shown below or at such other places as may be designated by the parties from time to time. 18. Heirs, Assigns, Successors. This lease is binding upon and insures to the benefit of the heirs, assigns and successors in interest to the parties. 19. Option to Renew. Provided that Lessee is not in default in the performance of this lease, Lessee shall have the option to renew the lease for an additional term of twelve (12) months or on a month to month basis, at Lessee's option, commencing at the expiration of the initial lease 5 term. The option shall be exercised by written notice given to Lessor not less than thirty (30) days prior to the expiration of the lease term. If notice is not given in the manner provided herein within the time specified, this option shall expire. 20. Subordination. This lease is and shall be subordinated to all existing and future liens and encumbrances against the property. 21. Entire Agreement. The foregoing constitutes the entire agreement between the parties and may be modified only by a writing signed by both parties. The following exhibits, if any, have been made part of this lease before the parties' execution hereof. Signed this 4( day of 0 cit.- , 2006. Lessor's Address: -4444 N- P.O. Box 182 NELL TEMPLIN, LesPieJ'A or Prosper, Texas 75078 Phone: 972-347-2251 Lessee's Address: TOWN OF PROSPER, TEXAS P.O. Box 307 Prosper, Texas 75078 Phone: 972-346-2640 By: Fax: 972-347-2111 CHARLES NISW R, Mayor 6