2006-294
S:\Our Documents\Ordinances\06\City Hall in the Mall Amendment.doc
ORDINANCE NO. 20tJ6-~qtf
AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING A LEASE
AMENDMENT BETWEEN THE CITY OF DENTON AND FMP DENTON, L.P., FOR THE
CITY HALL IN THE GOLDEN TRIANGLE MALL; AUTHORIZING THE EXPENDITURE
OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HERBY ORDAINS:
SECTION 1. The City Manager, or his designee, is hereby authorized to execute an
amendment to the lease agreement between the City and FMP Denton, L.P. for the City Hall in
the Golden Triangle Mall in substantially the fonn of the amendment attached hereto and made a
part of this ordinance for all purposes (the "Amendment").
SECTION 2. The City Manager, or his designee, is authorized to make the expenditures
as set forth in the Amendment.
SECTION 3. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the ,5~ day of ()(I;f()bl!J"" , 2006.
~ 02YJ1[fI~
PERRY R. McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
BY:
AMENDMENT TO LEASE
This Amendment to Lease ("Amendment") is entered into effective as of the /5f
day ofO~f/) her ,2006, by and between FMP Denton LP, a Delaware limited
partnership ("Landlord") and the City of Denton, a municipal corporation ("Tenant").
RECITALS
A. Landlord is the original or successor landlord and Tenant is the original or
successor tenant under that certain Lease (the "Lease") dated June 25, 2003 pertaining to
space no. L-22A (the "Premises") at Golden Triangle Mall ("Shopping Center").
B. Landlord and Tenant desire to amend the Lease on the terms and
conditions stated in this Amendment.
AGREEMENT
Now, therefore, in consideration of the foregoing and the mutual promises and
agreements contained herein, Landlord and Tenant agree as follows:
1. Term Extension. The term of the Lease is hereby extended to include the
time period from October I, 2006 through September 30,2009 (the "Extended Term").
2. Minimum Rent. Tenant shall pay the following Minimum Rent during the
Extended Term:
Time Period
Oct. 1, 2006-Sep. 30,2007
Oct. 1, 2007-Sep. 30, 2008
Oct. 1, 2008-Sep. 30, 2009
Annual Minimum Rent
$17,620.00
$18,148.60
$18,694.82
Monthlv Rent
$1,468.33
$1,512.38
$1,557.90
3. This Agreement may be terminated in whole or in part, in writing, by either party
in the event of substantial failure by the other party to fulfill its obligations under this
Agreement through no fault of the terminating party. Provided, however, that no such
termination maybe affected, unless the other party is given: (1) written notice (delivered by
certified mail, return receipt request) of intent to terminate, and not less than 30 calendar
days to cure the failure, and (2) an opportunity for consultation with the terminating party
prior to termination.
4. Earlv Termination Right. . At any time after December 31, 2007, either
Landlord or Tenant shall have the one-time right to terminate this Lease with six (6)
months written notice to the other party.
5. Notices to Landlord. Until Landlord or Tenant gives notice of different'
addresses for notices under the Lease, notices to Landlord and Tenant shall be sent to the
following addresses:
FMP Denton LP
with a copy to:
FMP Denton LP
..
c/o Feldman Mall Properties, Inc,
2201 East Camelback Road, Suite 350
Phoenix, Arizona 85016.
Attn: Lease Administration
Fax: 602.277.7774
Golden Triangle Mall
2201 S. 1-35 E.
Denton, Texas 76203
Attn: General Manager
Fax: 940-382-1990
City of DentonlCity Attorney
215 E. McKinney
Denton, Texas 76201
Fax: 940.382.7923
5. Payment of Rent. Rent payments should be paid to FMP Denton LP at the
following address:
FMP Denton LP
P.O. Box 95000-2105
Philadelphia, PA 19195-2105
6. Miscellaneous. Except as modified by this Amendment, the Lease shall
continue in full force and effect. A capitalized term used in this Amendment without
definition shall have the meaning stated in the Lease. This Amendment may be signed in
counterparts. This Amendment has been reached by negotiation and shall therefore not
be construed against any party based on such party or its counsel having participated in
the drafting of any provision of this Amendment. This Amendment and the Lease
constitute the entire agreement between Landlord and Tenant regarding the Lease; all
other prior oral or written statements or agreements of any-nature are hereby superceded
in their entirety.
In witness whereof, Landlord and Tenant have placed their signatures.
LANDLORD:
~d
ship
Witnesses:
l/Ire
City of Denton
4W~*
Howard Martin, City anager
~ '.
Attest:
Jennifer Walters, City Secretary
By~~tIJ~
Approved as to Legal Form:
Edwill M S?T
By: ~ _