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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