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1995-154J:\WPDOCS\ORD\NCTCAMEN.ORD AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE NORTH CENTRAL TEXAS COLLEGE (NCTC) FOR THE PURPOSE OF ALLOWING FOR THE CONSTRUCTION OF PARKING IMPROVEMENTS IN THE VICINITY OF NCTC CAMPUS, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the City Manager is hereby authorized to execute Amendment No. 1 to an Agreement between the City of Denton and the North Central Texas College for the purpose of allowing for the construction of parking improvements ("Agreement"), a true and correct copy of which is attached hereto and incorporated by reference herein. SECTION II. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the __/~ay of ~ , 1995. ATTEST: JENNIFER WALTERS, CITY SECRETARY API~OVED AS TO LEGAL FORM: HERBERT L. PROUTY CITY ATTORNEY AMENDMENT NO. 1 TO THE LEASE BETWEEN THE CITY OF DENTON AND NORTH CENTRAL TEXAS COLLEGE (formerly Cooke County College) FOR CLASSROOM OFFICE SPACE IN THE DENTON MUNICIPAL COMPLEX (formerly the old Moore building) WHEREAS, increased enrollments at the North Central Texas College (NCTC) Denton Campus has created a need for additional parking facilities at such campus; and WHEREAS, the City of Denton (City) has obtained additional parking lease property from the Missouri Pacific Railroad in the vicinity of the Denton Municipal Complex (DMC) (601E. Hickory) for the purpose of enlarging the parking facilities of NCTC and meeting future needs of the City; WHEREAS, NCTC and City desire to amend their existing lease dated June 2, 1992, to allow for the construction of parking improvements in the vicinity of NCTC campus; NOW THEREFORE, the parties agree: Section 1. That the terms and provisions of the lease between the City and NCTC of June 2, 1992, regarding the facilities referenced above, is hereby amended so that the following designated sections shall hereafter read as follows: A. That Section 2.04 of Article II entitled "Leased Property; Common Areas and Parking" shall hereafter read as follows: 2.04 Parking Area. The City shall furnish to NCTC vehicular parking space for NCTC's employees, students, and guests. The City shall provide NCTC with a maximum of 170 decal parking spaces at a monthly cost of $833.33 ($10,000.00 annually), effective September 1, 1995 through the end of this lease. The location of the designated parking may be changed from time to time by the City on prior written notice to NCTC. The City may adopt and enforce written regulations regarding the user of the parking areas provided to NCTC. The City shall provide lighting for the parking area as agreed to by the parties. B. That Sections 4.01 and 4.02 of Article IV entitled "Rentals and Payments" shall hereafter read as follows: 4.01 Beginning Rent. NCTC shall pay to the City monthly rentals (based on an annual rate of $7.00 per square foot) of $7,000.00 per month ($84,000.00 per year) through July 31, 1996 for the leased property. In addition, NCTC shall pay to the City $833.33 per month ($10,000.00 annually) for 170 decal parking spaces. The parking payment shall continue through June 1, 2002. 4.02 Adjusted Rental. Beginning on August 1, 1996, and to the end of the lease term, NCTC shall pay to the City monthly rentals (based on an annual rate of (7.50 per square foot) of $7,500.00 per month ($90,000.00 per year), for the leased property. Section 2. That in all other respects, the terms and conditions of the Lease shall continue to be in full force and effect. EXECUTED on this the /~day of~, 1995 CITY OF DENTON, TEXAS ATTEST: BOB CASTLEBERRY, MAyR~ JENNIFER WALTERS, CITY SECRETARY / HERBERT L. PROUTY, CITY ATTORNEY T~XAS COLLEGE BY /~"'~c~.. ~[ ~'~k/ ~t.~ 'f,~ ~NNIE dL~S~6CK, PR~S I~ ATTEST: BY SECRETARY E: \WPDOCS\K\NCTC .AME PAGE 2