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19-2971S:\Legal\Our pocumenls\Ordinances\19\GTM Assignmenl Ordinance.doc ORDINANCE NO. 19-2971 AN ORDINANCE OF THE CITY OF DENTON APPROVING A SECOND AMENDMENT TO AN ECONOMIC DEVELOPMENT PROGRAM GRANT AGREEMENT WITH GTM DEVELOPMENT, LTD ("GTM DEVELOPMENT"), DATED AUGUST 16, 2011, AUTHORIZING THE ASSIGNMENT OF THE AGREEMENT TO GTM DENTON, LTD.; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City and GTM Development entered into an Economic Development Program Grant Agreement dated August 16, 2011, which was amended under a first Amendment, adopted on June 17, 2014; and WHEREAS, the ownership of the Golden Triangle Mall ("the Property") is currently contemplated to be transferred from GTM Development to GTM Denton, LTD., a Texas limited partnership; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS: ^ 1�n�� 1 i(�l"� „�; �. The City Council hereby approves and authorizes the Amendment to � EconoM��a� 1�a�^���ac���i»ent Program Grant Agreement (the "Second Amendment") in substantially the form of the Second Amendment which is attached hereto and made part of the ordinance for all purposes. S� ���;" �_l�).�1.._2. Second Amendment. SECTION 3 approval. The City Manager, or his designee, is hereby authorized to execute the This ordinance shall become effective immediately upon its passage and � Nion to approve this ordinance was made by _,�� ��=m �`m "� �'����"��,",��� �"� ...� ..: and The mot seconded by ,�' � H����' ,,� ,����".m,,,... the ordinance was passed and approved by ....�.�. ..e ..__.� �" _� �� ��; the followin� ���,�t�� I f�;� �.µ� Mayor Chris Watts: Gerard Hudspeth, District 1; Keely G. Briggs, District 2: Jesse Davis, District 3: John Ryan, District 4: Deb Armintor, At Large Place 5: Paul Meltzer, At Large Place 6: Aye Nay Abstain Absent ....;�� _ d� ������„ PASSED AND APPROVED thi�,�l��� of ��� ,��� ��°��.����.: --- 2019. ATTEST: RO5A RIOS, CITY SECRETARY BY: "`",��'`�p � - �"�wWq ° p� � �,..n .F" � ✓ N�..ih � u r ��� �,wr a ^ 1�.. �,.r��n�,w�1� m._. .....�����.... APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY �.,,,, ,.�,� � � �� � "' , �., ,� � . � � ,� � l� �' �,� � � _ �,�� ��� __.� �;,. .,..... CHIRS WA°�""I"S, MAYOR" _.. �� ��. � �� � . � ��� B Y : ���.�, �„„ ��, ��� �^ �. �� �� .��.. � m.. .., .m. ��������... Page 2 AMENDMENT TO ECONOMIC DEVELOPMENT PROGRAM GRANT AGREEMENT WITH GTM DEVELOPMENT, LTD. This Amendment relates to that certain Economic Development Program Grant Agreement with GTM Development, Ltd., dated August 16, 2011 (the "AgreemenY'), executed by and between GTM DEVELOPMENT, LTD. ("GTM Development"), a Texas limited partnership, as "Grantee", and the CI'TY OF DENTON, TEXAS, a Texas municipal corporation ("City"), which Agreement relates to real property described in the Agreement (the "Property") and commonly referred to as the "Golden Triangle Mall" and located in the Golden Triangle Addition of the City of Denton, Texas. WHEREAS, the ownership of the Property is currently contemplated to be transferred from GTM Development to a Texas limited partnership named GTM DENTON, LTD., with essential management services for the Property continuing to be provided by the same parties as have provided such services for GTM Development. NOW, THEREFORE, the City hereby agrees that if the contemplated transfer is consummated, the City will recognize GTM DENTON, LTD. ("GTM Denton") as the duly authorized assignee of the interest of the Grantee under the Agreement. EXECUTED and effective as of the ��°�°��� day of December, 2019, by the City, signing by and through its Mayor, duly authorized to execute same by action of the City Council, and by both GTM Development and GTM Denton, acting through their respective duly authorized officials. ATTEST: f,.,� �s� . � °�% �� "� � ��:. ����� �.���'.:.�:.. _ m m m m _..�. .....m ROSA RIOS, CITY SECRETARY APPROVED AS TO LEGAL FORM: � " � W' � '� w � � e �,� ��� � � � � �. � " f � � r �, �,�. �,.. AARON LEAL, CITY ATTORNEY CITY OF DENTON, TEXAS �� � � �. ����m� � � 9 i� ��"��,w�� CHRIS WATT � - � � �� ._ � ....... ..........................�.....� S, MA OR [execution by GTM Development and GTM Denton on the next page] Page 1of 2 Pages AMENDMENT TO ECONOMIC DEVELOPMENT PROGRAM GRANT AGREEMENT WITH GTM DEVELOPMENT, LTD. GTM DEVELOPMENT, LTD., a Texas limited partnership By: CHV Management One, LLC, a Texas limited liability company, its sole General Partner , � �� „ By: ��' � ��� ��.-,�` �� � ��� �� �m Herbert D. Wei�;����� GTM DENTON, LTD., a Texas limited partnership By: GP GTM Denton One, LLC, a Texas limited liability company, its sole General Partner � ���` ������°�;���.� ��� „_�. Herbert D. Wei THE STATE OF TEXAS § § COUNTY OF DALLAS § �,. ��� This instrument was acknowledged before me on the ��� �iay of December, 2019, by Herbert D. Weitzman, Manager of both CHV Management One, LLC, a Texas limited liability company acting as the sole General Partner of GTM DEVELOPMENT, LTD.,, and GP GTM Denton One, LLC, a Texas limited liability company acting as the sole General Partner of GTM DENTON, LTD., on behalf of said limited partnerships. � tiai4itiu��rr�,, w , y � � �. , � , u�� � , w . �, � , ° � ,, � � � � , . ,� ° �` ' � �� �° M �M��W � ���_ ��, .� m�� ��,� �o � ��- Notary Public, �"��� ����e of Texas �f"f �����FfL .°r � l.` ( ^ J ' '�f � �2F I� �y�a �'. i 5 �'"� r�ti< <�A,.�`' Page 2of 2 Pages '��P/ f �-�M1�v.`= �N1��I�CV��N� 1mC) N�.�t�N�i'�i�V� �C�"��_C��C�'ENT PROGRAM GRANT AGREEMENT WITH GTM DEVELOPMENT, LTD.