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2007-045 S:\Our Documents\Ordinances\07\Schmitz.doc ORDINANCE NO. 2C()1- fP-J.b- AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING THE TERMINATION AND RELEASE OF THAT CERTAIN LEASE AGREEMENT DATED NOVEMBER 15,2005 RELATED TO THE USE OF STREET RIGHT-OF-WAY, BY AND BETWEEN THE CITY OF DENTON, TEXAS AND JOHN ERIC SCHMITZ; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton, Texas (the "Lessor") and John Eric Schmitz ("Lessee") entered into that certain Lease Agreement ("Lease") dated November 15, 2005 (the "Lease Agreement") whereby the Lessor leased to Lessee approximately 1,234 square feet of land, being a portion of street right-of-way generally located at the comer of Cedar Street and Walnut Street in the City of Denton, Denton County, Texas; and WHEREAS, the Lessor and Lessee desire to terminate the Lease and release and discharge each other from any further obligations, rights and duties under the Lease; 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 the Termination and Release of Lease Agreement, a copy of which is attached hereto and made a part hereof, and authorizes the City Manager or his designee to sign said document on behalf of the City. SECTION 3. This Ordinance shall become effective immediately upon its passage and approval. 01t Ii' PASSED AND APPROVED this the 2() - day of hraary ,2007. . fi~~OR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: Qtl/li ~('htU dmt-/ {Ud-. APPROVED AS TO LEGAL FORM: EDWIN M. S~ITY ATTORNEY .~~ BY: S:\Our Documents\Contrac[s\07\Tertninafion of Schmitz Lease.doc TERMINATION AND RELEASE OF LEASE AGREEMENT WHEREAS, on November 15, 2005 the City of Denton, Texas as Lessor and John Eric Schmitz as Lessee, entered into a certain lease agreement regazding the lease of city property containing approximately 1,234 squaze feet of land generally located at the comer of Cedaz Street and Walnut Street in the City of Denton, Denton County, Texas as more particulazly described in said lease agreement (the "Lease"); and WHEREAS, the Lessor and Lessee desire to terminate the Lease and release and discharge each other from any further obligations, rights and duties under the Lease; and NOW, THEREFORE, for and in consideration of the mutual covenants and promises contained herein, the parties agree as follows: 1. The Lease is hereby terminated effective immediately. All rents and monies previously paid to Lessor shall remain with Lessor and Lessee waives any right to a refund of such monies. 2. Lessor and Lessee hereby release and dischazge each other from any obligations, rights and duties under the Lease. Signed effective th~ day of , 2007. THE CITY OF DENTON, TEXAS ~_ George .Campbell, City Manager ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO EDWIN M. SNYDR BY: T(1T TAT TTI T!'~ nlTrrr rrmr~s