1995-256A:\CCNUR~.2
ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AMENDMENT NUMBER TWO
TO THE AGREEMENT WITH THE CITY OF DENTON AND DENTON CITY-COUNTY DAY
NURSERY TO PROVIDE FOR THE CONSTRUCTION OF IMPROVEMENTS TO THE
KITCHEN FACILITY AND TO EXTEND THE AGREEMENT TERM ONE YEAR IN
EXCHANGE FOR ADDITIONAL FEES; AND PROVIDING FOR AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the Mayor is authorized to execute Amendment
Number Two to the Agreement between the City of Denton and city-
County Day Nursery, as amended by Amendment Number One,
("Agreement") a copy of which is attached hereto.
SECTION II. That the city Council is hereby authorized to
expend funds in the amount of Ninety-three thousand, one hundred
and eighty-nine dollars ($93,189.00) as specified in the amended
Agreement.
SECTION III. That this ordinance shall become effective immed-
iately upon its passage and approval.
PASSED AND APPROVED this the /~day of
BOB CASTLEBERRY, MA~
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
HERBERT L. PROUTY, CITY ATTORNEY
A: \CCNURI .AMD
AMENDMENT NO. 2 TO AGREEMENT BETWEEN
THE CITY OF DENTON AND DENTON CITY-COUNTY DAY NURSERY
COMMENCING OCTOBER 1, 1993
WHEREAS, THE CITY OF DENTON ("CITY") and THE DENTON CITY-COUNTY
DAY NURSERY ("CONTRACTOR") entered into an Agreement Between the
City of Denton and Denton City-County Day Nursery ("Agreement")
which commenced October 1, 1993;
WHEREAS, on or about December 20, 1994 City executed Amendment
No. 1 to said Agreement;
WHEREAS, CITY and CONTRACTOR desire to amend the Agreement a
second time to provide for the construction of improvements to the
kitchen facility and to extend the Agreement term one year in
exchange for additional fees of $30,000;
WI TNES SETH
1. Section 1 of the Agreement is hereby and herewith amended to
read as follows:
"This Agreement Shall commence on or as of October 1, 1993, and
shall terminate on September 30, 2006, unless adjusted by the CITY.
Request for such an adjustment must be in writing and is to be
submitted to the Community Development office."
2. Section II of the Agreement is hereby and herewith amended to
read as follows:
"CONTRACTOR shall perform the following services and activities
in a satisfactory and efficient manner as determined by CITY in
accordance with the terms of the Agreement:
a. All services and activities described in Attachment "A"
to the Agreement.
b. Installation of surface and/or underground drainage
running the length of the playground of the Denton
City-County Day Nursery,
c. Construction of burms on the Denton City-County Day
Nursery area to divert runoff water to drain,
d. Regrade and resod the Denton City-County Day Nursery
playground,
e. Removal of two (2) trees,
f. Plant ten (10), three (3) inch red oaks,
g. Replacement of pea gravel on all play areas.
h. Construction and other improvements to the kitchen to
include interior construction, flooring, plumbing,
electrical, and some built-in appliances,
3. Section III Paragraph A. of the Agreement is hereby and
herewith amended to read as follows:
"A. City shall provide funds in the amount of not more than
$40,966 to assist the CONTRACTOR in the repair of flooring and
walls at the facility located at 1603 Paisley, Denton, Texas. CITY
shall also provide funds in the amount of not more than $22,223 to
assist the CONTRACTOR in the improvement of drainage on and around
said facility, and not more than $30,000 to complete improvements
to the kitchen facility. The total amount of funds to be provided
by CITY to assist CONTRACTOR for said improvements to said facility
shall not exceed Ninety-three thousand, one hundred and eighty-nine
dollars ($93,189)."
4. In all other respects, the terms and conditions of the
Agreement, as executed by the parties and amended by Amendment No.
1 remain in full force and effect.
PASSED AND APPROVED this the /~day of~,
BOB CASTLEBERRY, MAYOy
/
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
DENTON CITY-COUNTY DAY NURSERY
BY:
KAY PETERS, DIRECTOR