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: ....
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APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
By:
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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,
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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
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FTEXAS
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July 30, 20201
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