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23-768 INCOMPLETEORDINANCENO. 23-768 AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICIPAL CORPORATION, AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENTNUMBER ONE (1) TO THE LEASE WITH CORE SCIENTIFIC, INC., A DELAWARE CORPORATION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Denton ("City") owns the Denton Energy Center (“DEC”) located in Denton, TX and owns certain real property at and around the DEC (the “DEC Property”); WHEREAS, the City and Core Scientific, Inc entered into a Lease Agreement for certain real property located at the DEC Property consisting of two tracts, with Site One being an approximately 19.064 acre tract located in the Moses H. Davis Survey, Abstract No. 377 and Site Two being an approximately 1 1.256 acre tract located in the Moses H. Davis Survey, Abstract No. 377 and in the Johnson, Green, Myers, and Brummett Survey, Abstract No. 1699, all in the City of Denton, Denton County, Texas (the “Leased Premises”) on September 3, 2021 ; WHEREAS, the City and Core Scientific, Inc. have agreed to terms and conditions to the first amendment to the Lease (Amendment No. 1) as Exhibit “A“ and incorporated herein for all purposes; and WHEREAS, the City Council further finds that Amendment No. 1 to the Lease is in the best interest of the customers; NOW, THEREFOR, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The recitations contained in the preamble of this ordinance are incorporated herein by reference as findings of the City Council. SECTION 2. The City Council approves and authorizes the City Manager, or their designee, and City Secretary, or their designee, to execute, attest and deliver, respectively, Amendment No. 1 to the Lease, attached as Exhibit “A”, with Core Scientific, Inc. SECTION 3. The City Council approves and authorizes the City Manager, or designee, to take such additional actions as the City Manager, or designee, determines to be necessary and advisable to continue to effectuate the purpose, terms and conditions of Amendment No. 1 to theLease SECTION 4. A copy of Amendment No. 1 to the Lease, attached Exhibit “A”, shall be available to the public for inspection and copying. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. The motion to approve this ordinance wasseconded by BrAn J , A eU, st hc Gee the following vote LI - 1] : made by 8rla.„. 'Be c k and _, the ordinance was passed and approved by AyeJ / J a ,/ aJ Nay Abstain Absent Mayor Gerard Hudspeth: Vicki Byrd, District 1 : Brian Beck. District 2 : Paul Meltzer. District 3 : Joe Holland. District 4: Brandon Chase McGee, At Large Place 5 : Chris Watts, At Large Place 6: PASSED AND APPROVED this the day of Ru3u Jl GERARD HUDSPETH, MAYOR ATTEST: JESUS SALAZAR, CITY SECRETARY 1\11111101 APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY atign