2011-099sAlegahour documentslordinances1111dcta roe amendment ordinance.doc
ORDINANCE NO. 2011-099
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE
EXECUTION OF A FIRST AMENDMENT TO RIGHT OF ENTRY AND POSSESSION
("AMENDMENT"), BY AND BETWEEN THE CITY OF DENTON, TEXAS AND THE
DENTON COUNTY TRANSPORTATION AUTHORITY ("DCTA"), AMENDING THAT
CERTAIN RIGHT OF ENTRY AND POSSESSION (THE "ORIGINAL RIGHT OF ENTRY"),
BY AND BETWEEN THE CITY OF DENTON AND DCTA, DATED MAY 3, 2011, SAID
AMENDMENT PROVIDING THE RIGHT TO DCTA TO ALLOW RETAIL SALES AT THE
DOWNTOWN DENTON TRANSIT CENTER ("DDTC"), THE DDTC LOCATED IN THE
HIRAM SISCO SURVEY, ABSTRACT NUMBER 1184; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, pursuant to the provisions of that certain Interlocal Cooperation Agreement
between the City and DCTA dated May 6, 2008 (the "ILA"), the City is in the process of
constructing the DDTC on property owned by the City located between Hickory Street and
Sycamore Street, and adjacent to Denton Rail Station Addition (the "Property");
WHEREAS, pursuant to the terms of the ILA, the City is to convey the lands wherein the
DDTC is being constructed to DCTA upon completion of construction and close out of the
applicable grant process;
WHEREAS, by Right of Entry and Possession (the "Original Right of Entry") dated on
or about May 3, 2011 (Ordinance No. 2011-073), the City granted the right to DCTA to occupy
the DDTC prior to its conveyance from the City to DCTA, upon the terms and conditions
provided therein;
WHEREAS, the Original Right of Entry did not include the right to DCTA to allow retail
sales at the DDTC;
WHEREAS, the DCTA desires to allow retail licensees access to the DDTC to conduct
retail sales for the convenience and use of the passengers of DCTA and to further the public
purposes of the citizens of the City of Denton;
WHEREAS, the City is amenable to such expanded right;
WHEREAS, the City Council of the City deems it to be in the best interest of the City
and a furtherance of the public purpose of the citizens of the City to enter into the First
Amendment to Right of Entry and Possession with DCTA; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Manager, or his designee, is hereby authorized to execute the
First Amendment to Right of Entry and Possession, for and on behalf of the City, in the form as
attached hereto and made a part hereof as Exhibit "A".
SECTION 2. This Ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the daYof '2011.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY.
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
Page 2 of 2
c:\users\ witt\appdata\local\microsoft\windows\temporary internet files\oIl<2b44\first amendment to dcta right of entry (city clean 6-1-
11).doc
FIRST AMENDMENT TO
RIGHT OF ENTRY AND POSSESSION
This First Amendment to Right of Entry and Possession (the "Amendment") is dated this
7 - day of , 2011, by and between the City of Denton, Texas, a Texas
home rule municipal corporation ("City") and Denton County Transportation Authority, a
coordinated county transportation authority created under Chapter 460 of the Texas
Transportation Code ("DCTA")
WHEREAS, on or about May 3, 2011, the City and DCTA entered into that certain Right
of Entry and Possession (the "Original Right of Entry") wherein DCTA was granted the right to
occupy certain real property described therein, including, among other lands and infrastructure,
the Downtown Denton Transit Center ("DDTC"), as more particularly described therein ;
WHEREAS, the DDTC contains certain space available to vendors to operate businesses
in conjunction with service to passengers of the DCTA transportation system;
WHEREAS, DCTA has requested the City to allow it to license such retail space to
vendors to enhance and accommodate passenger service and convenience and to further the
public purpose of the citizens of the City in such regard;
WHEREAS, the City is amenable to such activity on the terrns and provisions provided
herein.
NOW, THEREFORE, for and in consideration of the mutual promises and covenants set
forth herein and other good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged by City and DCTA, the City and DCTA hereby agree to amend the
Original Right of Entry as follows:
1
c:\users\ witt\appdata\local\microsoft\windows\temporary internet files\oIk2b44\first amendment to dcta right of entry (city clean 6-1-
11).doc
1. Section I.A. is hereby added to the Original Right of Entry, which said Section I.A. shall
read as follows:
I.A. Subject to the terms herein, DCTA may grant licenses to occupy the Retail
Space (herein so called) within the DDTC, as depicted on Exhibit "A," attached
hereto and made a part hereof, to conduct retail sales activities that enhance or
improve passenger service, comfort and/or convenience related to the public
transportation activities and operations of DCTA subject to the following:
(a) Any license granted by DCTA pursuant to the authority granted herein
shall contain ter-rns and provisions that, unless the obligation is specifically
required below to be "identical" to that provided in the Original Right of
Entry, in substance require the party granted the license ("the Retail
Licensee") to agree to the following:
(i) The license shall be subject to all of the terms and provisions of the
Original Right of Entry;
(ii) The term of the license shall not exceed the teen of the Original Right
of Entry;
(iii) The Retail Licensee shall provide the property condition related
acknowledgement to the City identical to the acknowledgement provided
by DCTA in Section 6 of the Original Right of Entry;
(iv) The Retail Licensee shall provide indemnity to the City identical to
that provided to the City by DCTA in Section 8 of the Original Right of
Entry;
2
c:\users\ witt\appdata\iocal\microsoft\windows\temporary internet file s\oIk2b44\first amendment to dcta right of entry (city clean 6-1-
11).doc
(v) With the exception of the All Risk Property Insurance, the Retail
Licensee shall provide the identical insurance coverage, and comply with
all terms and provisions related to such insurance coverages, including
without limitation, the naming of the City as an Additional Insured in the
various required policies, as identically required to be provided by DCTA
in the Insurance Addendum of the Original Right of Entry.
(b) DCTA shall be entitled to retain all proceeds payable under the licenses
authorized herein to partially offset expenses it will incur related to
maintenance of City owned real property, as set forth in the Original Right
of Entry. Further, the provision of retail services by DCTA and/or the
Retail Licensees, as authorized herein, serves to enhance the public
transportation activities of DCTA and the public purpose of the citizens of
the City, as users of such services.
(c) DCTA shall be permitted, upon express written approval of the City,
acting by and through the City Manager, or his designee, to alter or
modify the interior of the Retail Space to allow or facilitate the retail sales
activities of the Retail Licensee. In the event DCTA desires to construct
such modifications, DCTA shall submit detailed plans of such activities,
including without limitation, the proposed time line for such activities, in
form and substance satisfactory to City. City shall review such plans and,
in its reasonable discretion, either approve, deny or request further
information from DCTA not later than ten (10) business days of the City's
receipt of such plans. In the event City does not respond within such time,
3
c:\users\ witt\appdata\local\microsoft\windows\temporary internet files\olk2b44\first amendment to dcta right of entry (city clean 6-1-
11).doc
it shall be deemed that City has accepted such plans. Any and all
activities related to the modification or alteration of the Retail Space shall
be performed by, and at the sole cost and expense of, DCTA and/or the
Retail Licensee. Nothing contained herein shall relieve the obligation
upon the Retail Licensee to obtain building permits and to comply with all
other ordinances, policies and rules of City related to Retail Licensee's
activities within the Retail Space.
(d) DCTA shall provide true and correct copies of any license entered into by
DCTA pursuant to the authority granted herein, as soon as reasonably
practicable, but in no event later than five (5) business days after the
effective date of such license.
2. Section 7 of the Original Right of Entry is hereby deleted in its entirety and replaced with
the following:
7. DCTA shall comply with (i) all applicable federal, state and local laws, statutes, rules,
ordinances and regulations relating to the DCTA Activities, including without limitation,
alteration and modification activities as provided in Section 1.A., above, and the use,
condition and occupancy of the Property, including without limitation, allowing use of
the Retail Space by Retail Licensees, as provided in Section 1.A., above; and (ii) any
requirements imposed by utility companies serving, or insurance companies covering, the
Property.
3. Section 10(d) of the Original Right of Entry is hereby deleted in its entirety and replaced
with the following:
4
c:\users\ witt\appdata\local\microsoft\windows\temporary internet files\olk2b44\first amendment to dcta right of entry (city clean 6-1-
11).doc
(d) Except as expressly provided otherwise herein, alter the Property
without written approval by City Manager's Designee.
4. Section 10(f) of the Original Right of Entry is hereby deleted in its entirety and replaced
with the following:
(f) Except as expressly provided otherwise herein, assign the rights set
forth herein or any right to occupy the Property.
5. Except as expressly amended or modified herein, the teens and provisions of the Original
Right of Entry shall remain valid and subsisting as originally provided.
6. This Amendment shall become effective upon the date it is signed by the last of the
authorized representatives of City and DC/TA, as set forth below.
SIGNED AND AGREED this ?-day of 0-M& , 2011.
THE CITY OF DENTON, TEXAS,
a Texas home rule municipal corporation
By
George C. Campbell
City Manager
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
~4*j
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
5
c\users\jwitt\appdata\local\microsoft\windows\temporary internet files\oIk2b44\first amendment to dcta right of entry (city clean 6-1-
11).doc
Pr L~~_
c:\users\ witt\appdata\local\microsoft\windows\temporary internet files\oIk2b44\first amendment to dcta right of entry (city clean 6-1-
11).doc
SIGNED AND AGREED thisA/day ofji,h 2011.
DENTON COUNTY TRANSPORTATION
AUTHORITY, a coordinated county transportation
authority
By
Jim WjWhWf Executive Officer
ZAN, not, 0MACo11I-MI Ni.1 --idma,i It, dch ri66i W a,try.d-
7
Exhibit A
A
II
a
a
G)
gg
b
4
C
~
o
SN
e 3
~a DENTON TRANSIT CENTER
S
jw
1g~ o
`q~~
15
-y A
[
s
~
H
V
N ON EAST O" MAW
9
°
~
1
~a
e F
Fn
s^ ~ z PR
&B xy ~ fuy" 6
4~ R
~ 3 ~ Pip a r i~
B xy t8r Z ~ ~ ~ ® i,
7
m~ w 7 ~H
m ~