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:
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