2011-079s:\legal\our documents\ordinances\11Vred moore amendment ordinance.doc
ORDINANCE NO.
2011-079
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY
MANAGER TO EXECUTE A FIRST AMENDMENT TO THE 2010-2011 AGREEMENT
BETWEEN THE CITY OF DENTON AND THE FRED MOORE DAY NURSERY SCHOOL
("ORIGINAL AGREEMENT"), SAID ORIGINAL AGREEMENT CONTEMPLATING THE
PROVISION OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR
IMPROVEMENTS TO THE FACILITY AT 821 CROSS TIMBER STREET, DENTON
COUNTY, TEXAS; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, pursuant to that certain Ordinance No. 2010-247, dated October 5, 2010, the
City of Denton, Texas (the "City") and Fred Moore Day Nursery School ("Nursery") entered
into the Original Agreement (the "Original Agreement"); and
WHEREAS, the City and Nursery have discovered the Original Agreement is in need of
amendment to correct certain typographical errors and to delete a requirement on the Nursery to
execute and deliver, in favor of the City, a lien encumbering certain real property owned by the
Nursery; and
WHEREAS, the City and the Nursery are amenable to amending the Original Agreement
as provided by the First Amendment to 2010-2011 Agreement Between the City of Denton and
the Fred Moore Day Nursery School, which is attached hereto and incorporated herein by
reference; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Manager is hereby authorized to execute the attached First
Amendment to the 2010-2011 Agreement between the City of Denton and the Fred Moore Day
Nursery School, attached to this ordinance as Exhibit "A", and incorporated herein.
SECTION 2. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the
day of , 2011.
YOR
s;\legal\our documents\ordinances\11\fred moore amendment ordinance.doc
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: ~ 19AA W VOA-.,,
APP VED A TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: If--- p
hAmy documents\public improv projects\fred moore imp\fm improvements 2010\fred moore day nursery school agreement revised (3).doc
Exhibit A
FIRST AMENDMENT TO
2010-2011
AGREEMENT BETWEEN THE CITY OF DENTON
AND THE FRED MOORE DAY NURSERY SCHOOL
This FIRST AMENDMENT TO 2010-2011 AGREEMENT BETWEEN THE CITY OF DEN-
TON AND THE FRED MOORE DAY NURSERY SCHOOL (the "Amendment"), is made and en-
tered into as of the date set forth below, by and between the City of Denton, a Texas home rule munic-
ipal corporation (the "City") and the Fred Moore Day Nursery School, a Texas non-profit corporation
(the "Subrecipient").
WITNESSETH
WHEREAS, pursuant to that certain Ordinance No. 2010-247 dated October 5, 2010, the City
of Denton, Texas approved that certain 2010-2011 Agreement Between the City of Denton and the
Fred Moore Day Nursery School (the "Original Agreement");
WHEREAS, the City and Nursery have discovered that the Original Agreement is in need of
amendment to correct certain typographical errors and to delete a requirement on the Subrecipient to
execute and deliver, in favor of the City, a lien encumbering certain real property owned by the Subre-
cipient;
WHEREAS, the City and Subrecipient are amenable to amending the Original Agreement as
set forth below.
NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained
herein, the receipt and sufficiency of such consideration being expressly acknowledged by City and
Subrecipient, the City and Subrecipient now amend the Original Agreement as follows:
1. Article 4, Paragraph F. of the Original Agreement is hereby deleted in its entirety and replaced
with the following:
SUBRECIPIENT certifies that it is not currently listed on the General Services Administra-
tion's List of Parties Excluded from Federal Procurement or Nonprocurement Programs in ac-
cordance with Executive Orders 12549 and 12689 and will not enter into agreements to expend
Federal funds with contractors that are currently listed.
2. Article 7, Paragraph D. of the Original Agreement is hereby deleted in its entirety and replaced
with the following:
Reversion of Assets. SUBRECIPIENT, upon expiration of this Agreement shall transfer to the
CITY any CDBG funds on hand at the time of expiration and any accounts receivable attribut-
able to the use of CDBG funds. If CITY finds that SUBRECIPIENT is unwilling and/or unable
to comply with any of the terms of this Contract, CITY may require a refund of any and all
money expended pursuant to this Contract by SUBRECIPIENT, as well as any remaining un-
expended funds which shall be refunded to CITY within ten working days of a written notice to
SUBRECIPIENT to revert these financial assets. The reversion of these financial assets shall
hAmy documentslpublic improv projectslfred moore implftn improvements 20101fred moore day nursery school agreement revised (3).doc
be in addition to any other remedy available to CITY either at law, or in equity for breach of
this Contract.
3. Article 9, Paragraph A. of the Original Agreement is hereby deleted in its entirety.
4. Except as expressly amended by this Amendment, the terms and provisions of the Original
Agreement shall remain valid and subsisting as originally provided. City and Subrecipient he-
reby ratify, in all of its terms, as amended hereby, the Original Agreement.
IN WI ESS OF WHICH this Agreement has been executed on this the ~7- day of
2011.
CITY OF DENTON
BY:-~-~i~ /
GEORGE C. CAMPBELL
CITY MANAGER
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
B
APP OVED A TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
FRED MOORE DAY NURSERY SCHOOL
BY:
ENT, BOARD OF DIRECTORS
ATTEST:
BY:
ALONZO P ERSON
EXECUTIVE DIRECTOR
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