2014-161s:\legal\our documents\ordinances\14\dcta denton ordinance approving fourth amendment denton transit center.doc
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AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE EXECUTION
OF A FOURTH AMENDMENT TO RIGHT OF ENTRY AND POSSESSION, BY AND
BETWEEN THE CITY OF DENTON ("CITY99) AND THE DENTON COUNTY
TRANSPORTATION AUTHORITY ("DCTA"), FURTHER AMENDING THAT CERTAIN
RIGHT OF ENTRY AND POSSESSION, BETWEEN THE CITY AND DCTA, DATED MAY 3,
2011, GR.ANTING DCTA ACCESS TO THE EULINE BROCK DOWNTOWN DENTON
TRANSIT CENTER ("DDTC") AND CERTAIN LANDS SURROUNDING THE DI�TC,
LOCATED 1N THE HIRAM 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 mare particularly
described therein; and
WHEREAS, the Original Right of Entry was further amended by (i) that certain Second
Amendment to Right of Entry and Possession (the "Second Amendment99), dated on or about April
17, 2012, Ordinance 2012-072, and (ii) that certain Third Amendment to Right of Entry and
Possession (the "Third Amendment"), dated on or about September 17, 2013, Ordinance No.
2013-249, each of said amendments extending the term of the Original Right of Entry (the
Original Right of Entry, as amended by the First Amendment, the Second Amendment, and the
Third Amendment, is referred to herein as the "Right of Entry"};
and
WHEREAS, the Right of Entry is to expire by its terms June 30, 2014; and
WHEREA5, 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; and
WHEREAS, the City Council of the City deems it to be in the best interest of the City to
enter into the Fourth Amendment to Right of Entry and Possession with DCTA; NOW,
THE'�'F'o�'y
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION _l_. The City Manager, or his designee, is hereby authorized to execute the
Fourth Amendment to Right of Entry and Possessian, for and an behalf of the City, substantially
in the form as attached hereto and made a part hereof as Exhibit 66A99
s:\legal\our documents\ordinances\14\dcta denton ordinance approving fourth amendment denton transit center.doc
SECTION 2. This Ordinance shall become effective immediately upon its passage and
approval. �
PASSED AND APPROVED this the �'��,� day of �.,�"m���`��:� ___ .m._,_, 2014.
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C'I.. l� 1��.� °1�'�, MAYOI�����°�
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
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,�.I'P[�`�VED .���"l"�l LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: '� :: `��
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STATE OF TEXAS
COUNTY OF DENTON
FOURTH AMENDMENT
TO
RIGHT OF ENTRY AND POSSESSION
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KNOW ALL MEN BY THESE PRESENTS
THIS Fourth Amendment to Right of Entry and Possession (the " 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;
WHEREAS, the Original Right of Entry was further amended by (i) that certain Second
Amendment to Right of Entry and Possession (the "Second Amendment"), dated on or about
April 17, 2012, Ordinance 2012-072, and (ii) that certain Third Amendment to Right of Entry
and Possession (the "Third Amendment"), dated on or about September 17, 2013, Ordinance No.
2b13-249, each of said amendments extending the term of the Original Right of Entry (the
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Original Right of Entry, as amended by the First Amendment, the Second Amendment, and the
Third Amendment, is referred to herein as the "Right of Entry");
WHEREAS, the Right of Entry is to expire by its terms June 30, 2014;
WHEREAS, the City is still awaiting final approval from the Federal Transit
Administration ("FTA") for the authority to transfer the Property to DCTA; and
WHEREAS, it is presently anticipated that FTA authority to convey the Property to
DCTA will not be obtained in sufficient time to allow the City to convey the Property to DCTA
prior to the expiration of the Right of Entry;
WHEREAS, due to the delay in the anticipated time for the conveyance of the Property,
the City and DCTA desire to further extend the term of the Right of Entry;
WHEREAS, 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
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earlier to occur of (a) the conveyance of the Property to DCTA and approval of such
conveyance by the FTA; and (b) June 30, 2015. 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.
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 Grant (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 June 30, 2015, 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 iixtures
and any other property owned by DCTA from the Property not later than July 31,
2015. 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
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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 and/or waiver of, the rights and obligations of
either the City or DCTA set forth in the ILA.
3. Each party hereto represents and warrants that it has taken all actions necessary to
authorize the person executing this Fourth Amendment of Right of Entry on such party's behalf
to bind, in all respects, the party the person represents to all terms and provisions of this Third
Amendment of Right of Entry, and that such person possesses the authority to execute this
Third 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, the Second Amendment, the Third Amendment, and hereby.
IN WITNESS WHEREOF, the parties hereto have executed this Fourth Amendment of
Right of Entry effective _��„���,r '� _, 2014 (the 66Effective Date"}.
(Signatures on Following Page}
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THE CITY OF DENTON, TEXAS,
a Texas home rule municipal corporation
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BY .�.,. � _.
{;��1-�e C mpbell
City Manager
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
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���' �I� C�"� TO LEGAL FORM:
aa`� BURGESS, CITY ATTORNEY
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BY: ��,� e,.... �...
DENTON COUNTY TRANSPORTATION
AUTHORITY, a coordinated county transportation
authority
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,��mes C. Cline, Jr., P.E., l�z°c�i�i�.��:t
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