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1994-145E:\WP00CS\0RD\MISS.PAC ORDINANCE NO.r AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A SUPPLEMENTAL AGREEMENT BETWEEN THE CITY OF DENTON AND MISSOURI PACIFIC RAILROAD COMPANY FOR ADDITIONAL PARKING; 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, on behalf of the City, a supplemental agreement between the City of Denton and Missouri Pacific Railroad Company for additional parking at Raioroad Avenue, a copy of which is attached hereto and incorporated by reference herein. DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: LAd) XJ(aZ4 61 SECTION II. That this ordinance shall become effective immed- iately upon its passage and approval. PASSED AND APPROVED this the e;y' day of 1994. UNION PACIFIC RAILROAD COMPANY CONTRACTS &REAL ESTATE DEPARTMENT UHRICH R D J. A. ANTHONY . . ASSISTANT VICE PRESIDENT DIRECTOR-CONTRACTS & JOINT FACILITIES D. D. BROWN ROOM 1100, 1416 DODGE STREET DIRECTOR-REAL ESTATE OMAHA, NEBRASKA 68179 J. L. HAWKINS (402) 271-3753 DIRECTOR-OPERATIONS SUPPORT FAX (402) 271 5493 D. H. LIGHTWINE May 9, 1994 DIRECTOR-REAL ESTATE W. R. ULRICH DIRECTOR-BUILDING SERVICES Folder: 1369-64 Me. Mary Ragusa Administrative Assistant Facilities Management Department City of Denton Municipal Building Denton, Texas 76201 Dear Ms Ragusa: This is in response to your Letter of April 25, 1994 requesting to lease additional property for parking in Denton. I referred your request to lease additional parking space to our local operating personnel. They have indicated that parcel 2 which covers the property south of East Hickory Street is required for our facilities and use; however, tract la will be available after the track serving the Moore building is removed. We expect this work to be completed in July at the same time we refurbish the East McKinney Street crossing. I have prepared a Supplemental Agreement which will add parcel la to your existing lease effective August 1, 1994. Please arrange for execution of this agreement and return one copy to me for my records. If you have any questions please feel free to contact me at 402-271-4818. sincerely, / Senior Manager-Real Estate Supp. 861219 Form Approved, AVP - Law Form 20 Audit No. 162380 Folder No. 1369-64 THIS SUPPLEMENTAL AGREEMENT is made as of the day of 1 =L'LJ by and between MISSOURI PACIFIC RAILROAD COMPANY, a core ation of the State of Delaware, (hereinafter the Lessor) and the CITY OF DENTON, TEXAS, a municipal corporation to be addressed at Municipal Building, Denton, Texas 76201 (hereinafter the Lessee). RECITALS: By instrument dated May 26, 1992, the parties hereto or their predecessors in interest (if any), entered into an agreement (herein the "Basic Agreement") identified as Audit No. 162380, covering a parking lot located at Denton, Texas. The parties now desire to modify the Basic Agreement by increasing the area under lease. AGREEMENT: NOW, THEREFORE, IT IS AGREED by and between the parties hereto as follows: Section I. - SUBSTITUTION OF PRINT The print dated May 4, 1994, attached hereto as Exhibit A, shall be and hereby is substituted for the print dated February 4, 1991 attached to the Basic Agreement, and from and after the effective date herein whenever the term Premises'is used in the Basic Agreement, or any amendment or supplement thereto (if any), such reference shall be deemed to refer to the Premises as shown on Exhibit A, hereto attached. Section II. - ADMINISTRATIVE HANDLING CHARGE Upon execution and delivery of this Supplemental Agreement, the Lessee shall pay to the Lessor an administrative handling charge of Two Hundred Dollars ($200.00). Section III. - EFFECTIVE DATE This Supplemental Agreement shall be effective as of August 1, 1994. Section '.IV. - AGREEMENT SUPPLEMENTAL This agreement is supplemental to the Basic Agreement, as herein amended, and nothing herein contained shall be construed as amending or modifying the same except as herein specifically provided. Page 1 Supp. 861219 Form Approved, AVP - Law IN WITNESS WHEREOF, the parties hereto have caused this Supplemental Agreement to be executed as of the day and year first hereinabove written. Witness: 6? MISSOURI PACIFIC RAILROAD COMPANY By: z " ~ Senior Manager-Real Estate THE CITY OF TEXAS Page 2 Witness rn, ! ASSE,YGER O al m TO FT. 'NORTH 15, MAIN TRACK RLULROAD b z ~ I ~ I BUNK H0. BUNK HG. I II m o TO NHITES80RO 15 4 Q V EmulE ..NOTE: BEFORE YOU BEGIN ANY WORK, SEE AGREEMENT FOR FIBER OPTIC PROVISICNS. "1 _ o I ~ I ~ EXHIBIT 'A' IC33CURI PAGI)FOC RAJILR®AD r0RUDARY DENTON,DENTON COUNTY,TEXAS M.P. 209 - 'NHITESBORO SUB. LEASE TO THE CITY OF DENTON, TEXAS SCALE: I' = 100' OFFICE OF DIRECTOR CONTRACTS & REAL ESTATE OMAHA,NEBRASKA MAY 4,1994 GLC FILE: 1277-09 LEASE AREA SHOWN FENCE SHOWN.......... 3f -X MPRRCO. R/W OUTLINED - - -