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HomeMy WebLinkAbout24-1881ORDINANCE NO. 24-1881 AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICIPAL CORPORATION (THE “CITY”), AUTHORIZING THE CITY MANAGER TO EXECUTE A THIRD AMENDMENT TO THE LEASE AGREEMENT BETWEEN THE CITY AND CORE SCIENTIFIC INC., A DELAWARE CORPORATION; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City and Core Scientific, Inc. (“Lessee”) entered into that certain Lease Agreement, effective as of September 3, 2021 (the “Initial Lease”) pursuant to which Lessee currently leases the Leased Premises (as defined in the Initial Lease) from the City; and WHEREAS, the City and Core Scientific, Inc. entered into the second amendment to the Initial Lease (“Amendment No. 2”) on August 20, 2024 which is incorporated herein; and WHEREAS, the City and Core Scientific have agreed to terms and conditions for Amendment Number 3 to the Initial Lease (“Amendment No. 3”) as Exhibit “A” and incorporated herein for ail purposes; and WHEREAS, Lessee requested additional leased property to accommodate Lessee’s intent to convert the entire project from cryptocurrency operation to High Performance Computing operations to host artificial intelligence applications on the Leased Premises; and WHEREAS, the City Council further finds that Amendment No. 3 to the Lease is in the best interest of the customers of Denton Municipal Electric, NOW, THEREFOR, THE COUNCil OF THE CITY OF DENTON HEREBY ORDAINS: SECTiON 1. The recitations contained in the preamble of this ordinance are incorporated herein by reference as findings of the City Council. SECTION 2. The City Council approves and authorizes the City Manager, or their designee, and City Secretary, or their designee, to execute, attest and deliver, respectively, Amendment No. 3 to the Lease, attached as Exhibit “A”, with Core Scientific, Inc. SECTION 3. The City Council approves and authorizes the City Manager, or their designee, to take such additional actions as the City Manager, or the designee, determines to be necessary and advisable to continue to effectuate the purpose, terms, and conditions ofAmendment No. 3 to the Lease. SECTION 4. This ordinance shall become effective immediately upon its passage and approval. The motion to approve this ordinance was made by Gerard Hudspeth and seconded by Brandon Chase McGee, the ordinance was passed and approved by the following vote [7 - 0] : CITY LESSEE Aye X X X X X X X Nay Abstain Absent Mayor Gerard Hudspeth: Vicki Byrd, District 1 : Brian Beck. District 2 : Paul Mleltzer. District 3 : Joe Holland. District 4: Brandon Chase McGee, At Large Place 5 : Jill Jester, At Large Place 6: PASSED AND APPROVED this the 19th day of November, 2024. GERARD HUDSPETH, MAYOR ATTEST: LAUREN THODEN, CITY SECRETARY %:#\;BN=NhIF Ito a . APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY BY:laaLOC@aLL&p&t& CITY LESSEE