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2004-138S:\Our Documents\Ordinances\04XRobson Amendment Approval.doc AN ORDINANCE APPROVING AN AMENDMENT TO RECREATION PROGRAM AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND ROBSON DENTON DEVELOPMENT, LP DATED NOVEMBER 4, 2003; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS: SECTION 1. The City Manager or his designee is hereby authorized to execute on behalf of the City of Denton an Amendment to Recreation Program Agreement between the City of Denton and Robson Denton Development, LP, in substantially the form of the Amendment which is attached to and made a part of this ordinance for all purposes. SECTION 2. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the ¢~ dayof ~/~ , 2004. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY AMENDMENT TO RECREATION PROGRAM AGREEMENT This Amendment to Recreation Program Agreement (the "Amendment") is entered into effective as of the 4th day of May, 2004, by and between the City of Denton, Texas ("City") and Robson Denton Development, LP, and Arizona limited partnership ("Robson"). WHEREAS, Robson and the City have entered into that certain Recreation Program Agreement dated effective November 4, 2003 (the "Agreement"), which was approved by City Ordinance No. 2003-365 ; and WHEREAS, the parties have entered into this Amendment for the sole propose of extending the deadline for the dedication of parkland contained in Section 7 of the Agreement; NOW, THEREFORE, in consideration of the promises and mutual covenants contained herein and in the Agreement, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Robson and City hereby agree as follows: 1. The May 4, 2004 deadline for dedication of parkland contained in Section 7 of the Agreement is hereby extended to November 4, 2004. and effect. All other terms and conditions of the Agreement shall remain in full force ROBSON DENTON DEVELOPMENT, LP, An Arizona limited partnership By: DENTON PROPERTY MANAGEMENT COMPANY, an Arizona corporation Its generaljlarm~ By: Ji~ulos Vice President CITY OF DENTON, TEXAS City Manager Page 1 ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO FORM HERBERT~ORNEY BY: (._/// Page 2