2012-072s:Uegallour documentslordinances\12\dcta roe amendment ordinance.doc
ORDINANCE NO. 2� 12-072
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE
EXECUTION OF A SECOND AMENDMENT TO RIGHT OF ENTRY AND POSSESSION,
BY AND BETWEEN THE CITY OF DENTON ("CITY") AND THE DENTON COUNTY
TRANSPORTATION AUTHORITY ("DCTA"), AMENDING THAT CERTAIN RIGHT OF
ENTRY AND POSSESSION, BETWEEN THE CITY AND DCTA, DATED MAY 3, 2011,
GR.ANTING DCTA ACCESS TO THE DOWNTOWN DENTON TRANSIT CENTER
("DDTC") AND CERTAIN LANDS SURROUNDING THE DDTC, LOCATED 1N THE
HIR.AM SISCO SURVEY, ABSTRACT NUMBER 1184, TO CONDUCT PUBLIC
TRANSPORTATION RELATED OPERATIONS; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, effective May 3, 2011, pursuant to City of Denton Ordinance No. 2011-073,
the City and DCTA entered into that certain Right of Entry and Possession (the "Original Right
of Entry"), granting DCTA the right to utilize and occupy the DDTC and certain lands
surrounding the DDTC, prior to the conveyance thereof by the City to DCTA;
WHEREAS, the Original Right of Entry was amended by that certain First Amendment
to Right of Entry and Possession (the "First Amendment"), dated on or about June 7, 2011,
Ordinance No. 2011-099, expanding certain rights of occupation to DCTA, as more particularly
described therein (the Original Right of Entry, as amended by the First Amendment, is referred
to herein as the "Right of Entry");
WHEREAS, the Right of Entry is to expire May 1, 2012;
WHEREAS, due to the delay in the conveyance of the above described real property, the
City and DCTA desire to extend the term of the Right of Entry;
WHEREAS, the City Council of the City deems it to be in the best interest of the City to
enter into the Second 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
Second Amendment to Right of Entry and Possession, for and on behalf of the City, substantially
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.
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PASSED AND APPROVED this the ��- day of , 2012.
A . OU , MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
�
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BY: ,�
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: �
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STATE OF TEXAS
COUNTY OF DENTON
SECOND AMENDMENT
TO
RIGHT OF ENTRY AND POSSESSION
.
KNOW ALL MEN BY THESE PRESENTS
THIS Second Amendment to Right of Entry and Possession (the "Second Amendment")
is entered into and effective as set forth below, by and between the City of Denton, a Texas home
rule municipal corporation (the "City") and Denton County Transportation Authority, a
coordinated county transportation authority created under Chapter 460 of the Texas
Transportation Code ("DCTA").
WHEREAS, effective May 3, 2011, pursuant to City of Denton Ordinance No. 2011-073,
the City and DCTA entered into that certain Right of Entry and Possession (the "Original Right
of Entry") granting DCTA the right to utilize and occupy the Property, as more particularly
defined and described in the Original Right of Entry, prior to the conveyance of the Property by
the City to DCTA;
WHEREAS, the Original Right of Entry was amended by that certain First Amendment
to Right of Entry and Possession (the "First Amendment"), dated on or about June 7, 2011,
Ordinance No. 2011-099, expanding certain rights of occupation to DCTA, as more particularly
described therein (the Original Right of Entry, as amended by the First Amendment, is referred
to herein as the "Right of Entry")
WHEREAS, the Right of Entry is to expire by its terms May 1, 2012;
WHEREAS, it is presently anticipated that the Property will not be conveyed by the City
to the DCTA prior to the expiration of the Right of Entry;
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WHEREAS, due to the delay in the conveyance of the Property, the City and DCTA
desire to extend the Right of Entry;
WI�REAS, the City Council finds it to be in the best interest of the citizens of the City
of Denton to extend the Right of Entry, as provided below;
NOW, THEREFORE, for and in consideration of the sum of Ten and No/100 Dollars
($10.00) and other good and valuable consideration to it in hand paid by DCTA, the receipt and
sufficiency of which is hereby acknowledged, the City and DCTA hereby amend the Right of
Entry as follows:
1. Section 1 of the Right of Entry is hereby deleted in its entirety and replaced for all
purposes with the following:
1. Beginning on the Effective Date, DCTA may occupy and possess the
Property, other than the area of the Property constituting the DDTC, as shown on
Exhibit "A" to the Original Right of Entry. Beginning on or about June 1, 2011,
DCTA may occupy and possess the Property, inclusive of the DDTC. DCTA's right
to occupy and possess the Property, inclusive of the DDTC, shall continue until the
earlier to occur of (a) the conveyance of the Property to DCTA; and (b) September
30, 2013. DCTA's use and occupancy of the Property shall be solely for uses related
to public transportation activities and operations in connection therewith (the
"DCTA Activities"). Any other use of the Property by DCTA is expressly
prohibited.
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The City agrees to pursue and take reasonable measures to obtain (i) FTA approval of
the transfer of the Assets (as each term is defined in that certain Interlocal
Cooperation Agreement ("ILA"), dated effective May 6, 2008, by and between the
City and DCTA); and (ii) closing of the 5309 Crrant (herein so called), number TX-
03-0293-00, said 5309 Grant being referenced in the ILA. DCTA agrees to
reasonably cooperate with the City in its activities related to obtaining FTA approval
of the transfer of the Assets and the closing of the 5309 Grant.
2. Section 5 of the Right of Entry is hereby deleted in its entirety and replaced for all
purposes with the following:
5. In the event DCTA does not purchase the Property from the City on or
before September 30, 2013, the rights granted herein shall terminate and DCTA shall
immediately cease conducting the DCTA Activities, and shall vacate, in its entirety,
the Property and remove all personal property, rolling stock, trade fixtures and any
other property owned by DCTA from the Property not later than October 15, 2013.
Further, DCTA shall execute and deliver to the City a written stipulation and
acknowledgement on such date expressly (i) stipulating that all such property of
DCTA has been removed from the Property; and (ii) waiving any and all rights
DCTA may have to the Property pursuant to this Right of Entry and the property of
DCTA that may be located thereon. Notwithstanding anything herein to the
contrary, nothing in this Right of Entry shall be construed as releasing and/or
waiving, or requiring the release andlor waiver of, the rights and obligations of either
the City or DCTA set forth in the ILA.
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3. Each party hereto represents and warrants that it has taken all actions necessary to
authorize the person executing this Second Amendment of Right of Entry on such parry's
behalf to bind, in all respects, the party the person represents to all terms and provisions of this
Second Amendment of Right of Entry, and that such person possesses the authority to execute
this Second Amendment of Right of Entry and bind the party represented.
4. The Right of Entry shall remain valid and subsisting as originally provided, as amended
by the First Amendment and hereby.
IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment of
Right of Entry effective April 17, 2012 (the `Bffective Date").
THE CITY OF DENTON, TEXAS,
a Texas home rule municipal corporation
B� �7� �.
George C. Camp ell
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: /
AP VED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
City Manag�x
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DENTON COUNTY TRANSPORTATION
AUTHORITY, a coordinated county transportation
authority
,
By Gnro�j �
ames C. Cline, Jr., P.E., resident
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