2010-243S:U.egal\Our DocmnentslOrdinanccs\lO\Williams Tmde Square DCTA Amendment.doc
ORDINANCE NO. 2010-243
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT
NO. 1 TO AMENDED LEASE AGREEMENT BETWEEN THE CITY OF DENTON ("CITY")
AND THE DENTON COUNTY TRANSPORTATION AUTHORITY ("DCTA"), AMENDING
THAT CERTAIN AMENDED LEASE AGREEMENT, DATED ON OR ABOUT SEPTEM-
BER 18, 2007, BY AND BETWEEN THE CITY AND DCTA, RELATED TO THE LEASE OF
PARKING SPACES LOCATED AT THE WILLIAMS TRADE SQUARE; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the City of Denton has improved and maintained the area known as the
"Williams Trade Square"; and
WHEREAS, such improvements include paved parking spaces; and
WHEREAS, the City leased 27 parking spaces to DCTA pursuant to that Amended
Leased Agreement (the "Effective Lease"), dated on or about September 18, 2007, Ordinance
No. 2007-196;
WHEREAS, due to construction delays related to the Transit Center to be located at 604
E. Hickory Street, DCTA is in need of the parking spaces provided by the Effective Lease
through January 31, 2011;
WHEREAS, City and DCTA desire to amend the Effective Lease to extend the term and
modify the rent payable for such parking spaces;
WHEREAS, the City Council of the City of Denton expressly finds that use of the park-
ing spaces in conjunction with the provision of mass transit operations in the City of Denton,
Texas, serves a valid public purpose to the citizens of the City of Denton, Texas;
WHEREAS, the City desires to continue to lease such parking spaces at Williams Trade
Square to the DCTA for use to conduct public transportation services; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Manager of the City of Denton, Texas, is hereby authorized to ex-
ecute Amendment No. 1 to Amended Lease Agreement between the City of Denton and the Den-
ton County Transportation Authority (the "Amendment"), to lease 27 parking spaces at the "Wil-
liams Trade Square," a copy of the Amendment is attached hereto and incorporated by reference
herein.
SECTION 2. The recitals contained in this ordinance are hereby expressly incorporated
herein.
SECTION 3. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the daYof , 2010.
MA A. BURROUGFjS, MAYOR
1
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: Z--~ 7~
Page 2
s:\legal\our documents\contracts\1o\wiIlia ms trade square parking amendment,doc
AMENDMENT NO. 1 TO AMENDED LEASE AGREEMENT
BETWEEN THE CITY OF DENTON AND
THE DENTON COUNTY TRANSPORTATION AUTHORITY
This Amendment No. 1 to Amended Lease Agreement ("Amendment"), is made and
entered into effective September 30, 2010, by and between the City of Denton, Texas
(hereinafter referred to as "Lessor"), and the Denton County Transportation Authority
(hereinafter referred to as "Lessee"), acting by and through their respective authorized
representatives.
WHEREAS, Lessor and Lessee entered into a certain Lease Agreement, dated November
1, 2005, related to parking spaces located at Williams Trade Square (the "Lease");
WHEREAS, Lessor and Lessee entered into that certain Amended Lease Agreement (the
"Effective Lease"), dated on or about September 18, 2007, wherein the terms of the Lease were
restated and amended as set forth therein;
WHEREAS, the term of the Effective Lease was to expire on September 30, 2010;
WHEREAS, the expiration of the Effective Lease was to coincide with the completion of
construction and the opening of the Transit Center (herein so called) to be located at 604 E.
Hickory;
WHEREAS, the completion of the Transit Center has been delayed due to construction
delays caused by factors beyond, at least in part, the control of Lessor and Lessee;
WHEREAS, due to the construction delays and the consequent delayed completion of the
Transit Center, Lessee is in need of the parking spaces, as provided in the Effective Lease, for an
additional period of time;
WHEREAS, the City Council of the City of Denton, Texas, hereby expressly finds that
the use of the parking spaces in conjunction with the provision of mass transit operations in the
City of Denton, Texas, as provided in the Effective Lease, serves a valid public purpose of the
citizens of the City of Denton, Texas;
WHEREAS, due to the construction delays and consequent delayed completion of the
Transit Center, and to serve a valid public purpose of the City of Denton, Texas, Lessor and
Lessee desire to amend the term of the lease and monthly rate provided for the rental of the
subject parking spaces. NOW, THEREFORE,
In consideration of the mutual covenants and considerations set forth herein, the receipt
and sufficiency of which are hereby acknowledged by Lessor and Lessee, Lessor and Lessee
hereby agree as follows:
s;\legal\our documents\contracts\10\wllliams trade square parking amendment.doc
1. Paragraph 1 of the Effective Lease is hereby deleted in its entirety and replaced
with the following:
1. Lessor leases to Lessee and Lessee leases from Lessor, twenty-seven (27)
parking spaces at the Williams Trade Square, as described in the Effective Lease,
for the period commencing on October 1, 2007 and ending on January 31, 2011
(i) for the period of October 1, 2007 to September 30, 2010, at the rent payable as
provided in Paragraph 2 of the Effective. Lease, as amended by this Amendment;
(ii) for the period of October 1, 2010 to November 30, 2010, at rent payable at the
rate of Seventeen Dollars and 501100 ($17.50) per month for each parking space
covered hereby, payable monthly in advance; and (iii) for the period from
December 1, 2010 to January 31, 2011, at no charge to Lessee.
2. Paragraph 2 of the Effective Lease is hereby deleted in its entirety and replaced with the
following:
2. Lessee shall pay, for the period of time from October 1, 2007 to
September 30, 2010, an annual rental fee of Five Thousand Six Hundred Seventy
Dollars ($5,670.00) payable in advance on or before October 1 of each calendar
year of such period. For the period of time from October 1, 2010 to January 31,
2011, Lessee shall pay the rental fee as provided in Paragraph 1 of the Effective
Lease, as amended by this Amendment.
Paragraph 3 of the Effective Lease is hereby deleted in its entirety.
4. Lessor and Lessee represent and warrant. to each other that they have the power to
execute, deliver and perform under this Agreement, have taken all actions necessary to
authorize the execution, delivery and performance of this Amendment and that the party
executing this Amendment for and on behalf of Lessor and Lessee have been duly
authorized by Lessor and Lessee to act in such behalf.
The recitals of this Amendment are expressly incorporated in and made a part of this
Amendment for all purposes.
6. Except as expressly amended hereby, the Effective Lease shall remain valid and
subsisting as originally provided.
IN WITNESS WHEREOF, the Parties have executed this Amendment on the Aday of
October, 2010, to be effective for all purposes the 30th day of September, 2010.
CITY OF DENTON, TEXAS
BY:
GEORGE C. CAMPBELL, CITY MANAGER
s:\legal\our documents\contracts\10\williamstrade square parking amendment.doc
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: n I- wa 11"
APP VED AS O LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
DENTON COUNTY TRANSPORTATION
AUTHORITY
BY
ATTEST:
BY:
APPROVED AS TO LEGAL FORM:
BY:
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