2009-186ORDINANCE NO.2009-M
AN ORDINANCE APPROVING AND AUTHORIZING THE CITY MANAGER OF THE
CITY OF DENTON, TEXAS TO EXECUTE AND DELIVER A SECOND AMENDMENT TO
THE MASTER LEASE AGREEMENT BY AND BETWEEN THE CITY OF DENTON, AS
LESSOR AND THE DENTON COUNTY TRANSPORTATION, AS LESSEE; PROVIDING
FOR THE MODIFICATION OF SECTIONS 3.2A AND 3.2B OF THE MASTER LEASE
AGREEMENT DATED SEPTEMBER 30, 2005 PERTAINING TO CERTAIN LEASED
PREMISES OWNED BY THE CITY; AUTHORIZING THE CITY MANAGER TO TAKE
ANY AND ALL NECESSARY ACTIONS TO COMPLETE THE SAME; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Council has determined that this Second Amendment to the Master
Lease Agreement ("Second Amendment") provides for the additional rent and for the necessary
installation and utility connection charges incurred in connection with the activation of a certain
additional 24' by 60' modular building, which the City agrees to lease to the Lessee, Denton
County Transportation Authority ("DCTA") that is located upon the leased premises; said
Second Amendment will further the objectives of the parties in the original Master Lease
Agreement as well as the First Amended Master Use Agreement by and between the City and
DCTA; is for the public good in complementing the existing DCTA transportation facilities in
the City; and is in the best interest of the City; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this ordinance
are incorporated herein by reference.
SECTION 2. The City Council hereby approves and authorizes that the City Manager
shall execute the Second Amendment to the Master Lease Agreement, substantially in the form
of the document attached hereto as Exhibit "A."
SECTION 3. The City Manager, or his designee, is authorized to perform any and all
acts necessary, as well as to exercise all rights and duties of the City of Denton, Texas as Lessor,
to effectuate the Second Amendment to Master Lease Agreement.
SECTION 4. A true and correct executed copy of this Ordinance will be transmitted to
the appropriate officials of the DCTA by the City Manager or his designee, immediately upon its
passage and approval.
SECTION 5. This Ordinance shall become effective immediately upon its passage and
approval. 174
PASSED AND APPROVED this the /0 day of , 2009.
MARK A. BUkko UWkMAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
By:
THE STATE OF TEXAS §
§ SECOND AMENDMENT TO THE MASTER
COUNTY OF DENTON § LEASE AGREEMENT
THIS SECOND AMENDMENT TO THE MASTER LEASE AGREEMENT (the
"Second Amendment") is made and entered into by and between THE CITY OF DENTON, TEXAS,
a Texas Municipal Corporation and a home-rule city (the "Lessor"), and DENTON COUNTY
TRANSPORTATION AUTHORITY, a political subdivision and coordinated county transportation
authority created pursuant to Chapter 460 Tex. Trans. Code (the "Lessee").
WHEREAS, the parties previously entered into that certain Master Lease Agreement dated
September 30, 2005 (the "Master Lease") pertaining to certain leased Premises located in the City of
Denton, Denton County, Texas, more particularly described in the Master Lease (the "Leased
Premises"); and
WHEREAS, the parties previously entered into that certain First Extension to the Master
Lease dated September 30, 2005 (the "First Extension"); and
WHEREAS, the parties entered into that certain First Amendment to Master Lease
Agreement dated December 4, 2006, (the "First Amendment") but effective as of December 12,
2006, wherein several provisions of the Master Lease were changed, to include without limitation,
the leasing of additional real property from the Lessor by Lessee (the "Revised Leased
Premises")(the Master Lease, as amended by the First Amendment and the First Extension
collectively referred to herein as the "Master Lease"); and
WHEREAS, the parties desire to amend the Master Lease as heretofore amended to provide
for the installation and lease of an additional modular building to be located within the Revised
Lease Premises; and
WHEREAS, the Lessor has caused to be installed on the Revised Leased Premises, and
connected to the utilities, a 12' x 60' modular building, for use by the DCTA (the "Modular
Building");
NOW, THEREFORE, for and in consideration of the matters set forth herein and for other
good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the
parties agree as follows:
1. Effective as of the June 1, 2009 the Master Lease, Article 3 Rent, is hereby amended
to add Sections 3.2A and 3.313 to read as follows:
"Section 3.2A Additional Rent. On or before the first day of each month during the
Extension Terms beginning on Junel, 2009, Lessee shall pay to Lessor the sum of One
Thousand One Hundred Sixty-Eight Dollars 92/100 ($1168.92) per month as additional rent
for the use of the Modular Building."
SECOND AMENDMENT TO MASTER LEASE - PAGE 1 38168
"Section 3.2B Installation and Connection Charees. The Lessee agrees to pay the sum of Nine
Thousand Two Hundred and Forty-Six Dollars ($9,246) to reimburse the Lessor for the costs incurred
for the installation and skirting for the Modular Building within ten (10) days after the Effective Date.
The Lessee agrees to pay the sum of Six Thousand Five Hundred Forty Dollars ($6,540) to reimburse
the Lessor for the costs incurred to connect the Modular Building to water, sewer and other utilities to
be paid within ten (10) days after the Effective Date."
2. Except as amended by this Second Amendment the terms and provisions of the
Master Lease Agreement as heretofore amended shall remain in full force and effect.
3. This Agreement may be executed by facsimile signatures and in several counterparts,
and by the parties hereto in separate counterparts, and each counterpart, when so executed and
delivered, shall constitute an original agreement, and all such separate counterparts shall constitute
but one and the same agreement.
4. This Agreement shall be binding upon and inure to the benefit of the parties hereto,
their representatives, successors and assigns.
[signature page to follow]
SECOND AMENDMENT To MASTER LEASE - PAGE 2 38168
EXECUTED on the / t aY of 2009.
1~
"LESSOR"
City of Denton, Texas
215 East McKinney Street
Denton, Texas 76201
By:
GEORGE C. CAMPBELL, CITY MANAGER
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:
APPROVED AS TO LEGAL FORM:
ANITA BURG §S, C A ORNEY
By:
EXECUTED on the /Y- day of , 2009.
-4 4 -14M4 og 4,
"LESSEE"
DENTON COUNTY TRANSPORTATION AUTHORITY
1660 South Stemmons Freeway., Suite 250
Lewisville, Texas 7 67
By:
JIM
APPROVED AS TO FORM:
PETER G. SMITH, GENERAL COUNSEL
SECOND AMENDMENT To MASTER LEASE - PAGE 3 38168