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19-367ORDINANCE NO. 19-367 AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER TO EXECUTE AND DELIVER A FIRST AMENDMENT TO LEASE OF CITY PROPERTY BETWEEN THE CITY OF DENTON AND VOW 221 E HICKORY, LLC, CORRECTING THE LESSEE NAME AND CONFIRMING THE REMAINING TERMS OF THE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, through Ordinance Number 2013-009, the City of Denton ("City") approved a Lease of City Property covering approximately 1,089 square feet located near the intersection of East Hickory Street and Industrial Street, legally defined as Lot 3, Block 20 Original Town of Denton ("Lease"), with VOW 210 Hickory Partners LLC named as the Lessee; and WHEREAS, the proper name of the Lessee was and is VOW 221 E HICKORY, LLC ("VOW 221"), though it was improperly named in the Lease and Ordinance 2013-009; and WHEREAS, the Parties intended VOW 221 be the Lessee and have performed under the Lease as if VOW 221 has been properly named; and WHEREAS, the Parties wish to amend the Lease to correct the misnomer; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference as true and as if fully set forth in the body of this ordinance,. SECTION 2.. The City Manager, or his designee, is hereby authorized to execute on behalf of the City the First Amendment to Lease of Property, as attached hereto as Exhibit "A" and made a part hereof for all purposes. SECTION 3. The City Manager, or his designee, is further authorized to carry out all duties and obligations to be performed by the City under the Agreement, including, but not limited to, signing ancillary documents such as consents to assignment. SECTION 4. This ordinance shall become effective immediately upon its passage and approval. The motion to approve this ordinance was made by t'�W.:..:l t 14emsand seconded by _ ," The ordinance was passed and approved by the following vote ( Ayg Nay Chris Watts, Mayor: v Gerard Hudspeth, District 1: Keely G. Briggs, District 2: w_ Don Duff, District 3: John Ryan, District 4: Deb Armintor, At Large Place 5: Paul Meltzer, At Large Place 6: Abstain Absent PASSED AND APPROVED this the ..,day of _ � , 2019. ,.. CHRIS WATTS, MAYOR ATTEST: RACHEL WOOD, INTERIM CITY SECRETARY By: .... <<a�` "..�.....r............. �� C ��. :......................................�...................... APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY By: :. .............. ................... 2 FIRST AMENDMENT TO LEASE OF CITY PROPERTY This First Amendment to Lease of City Property ("Amendment") is made and executed by and between the City of Denton, a Texas home rule municipal corporation, hereinafter referred to as "Lessor" or "City," and VOW 221 E HICKORY, LLC, a Texas limited liability company, the intended name of Lessee, improperly identified as VOW 210 Hickory Partners, LLC in the Lease, to amend and correct the Lessee named in the original Lease executed January 15, 2013. WHEREAS, the Denton City Council authorized the City Manager in Ordinance Number 2013- 009 ("Ordinance") to execute a Lease Agreement by and between the City of Denton, as Lessor and VOW 210 Hickory Partners, LLC ("VOW 210") as Lessee for the lease of approximately 1,089 square feet of City Property located near the intersection of East Hickory Street and Industrial Street and legally defined as Lot 3, Block 20 Original Town of Denton (the "Lease"); and WHEREAS, the Ordinance and Lease inadvertently named VOW 210 Hickory Partners LLC when the correct entity name should have been VOW 221 E HICKORY, LLC ("VOW 221"); and WHEREAS, the Lease was executed in the name of VOW 210 on January 8, 2013 and by the City on January 13, 2013; and WHEREAS, the Parties agree that VOW 221 was the intended party to be the Lessee and have performed under the Lease as if VOW 221 had been properly named from the beginning; and WHEREAS, this desire to correct the misnomer of the original Lease; NOW THEREFORE, the parties, by signature below, agree to the aforementioned Amendment correcting the Lease to reflect VOW 221 E HICKORY, LLC as the Lessee. Other than the stated correction, no other changes are made to the terms of the Lease, such terms and conditions to remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this Lease Agreement as of the Effective Date first above written. LESSOR: LESSEE: CITY OF DU:NJ;O�N VOW 221 E HICKORY, LLC; A Texas corporatiotl a Texas limited liability company BY: BY 1 MANAGER t, l:,lN N MEMBER ATTEST: RACHEL WOOD, INTERIM CITY SECRETARY THIS AGREEMENT HAS BEEN BOTH REVIEWED AND APPROVED as to financial and operational obligations and business (etg)5, Z-11 S . . . ................. 3 i rt n) e I i I Date Signed: APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY BY: e4 4 IoAfi;k STATE OF TEXAS § COUNT OF § ACKNOWLEDGMENT This instrument was acknowledged before me on the & day of Member of VOW 221 E Hickory, LLC, a Texas limited liability as company. NOTAIT71A,� !X� 20l9!?y<'1il1` Watt, behalf of �Wl lire] CO liability 1i ility , :0 FTEXAS 6101111: A AEL JCS Cornm, #211.39005 fl-�,,Ivyll)!Irl ouroy My CorTIMISS'llOrl E.XPIMS July 30, 20201 ',loll all