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2004-286S:\Our Doeuments\OrdinancesX04XTxDOT Grant Agreement Amendment.doc AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER TO EXECUTE ON BEHALF OF THE CITY OF DENTON AMENDMENT NO. 1 TO AN AIRPORT PROJECT PARTICIPATION AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION DATED JANUARY 8, 2002 RELATING TO THE CONSTRUCTION OF IMPROVEMENTS AT THE DENTON MUNICIPAL AIRPORT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, Pursuant to Ordinance No. 2002-005 the City of Denton entered into an Airport Project Participation Agreement, dated January 8, 2002 with the Texas Depmtment of Transportation ("TxDot") related to the construction of improvements at the Denton Municipal Airport (the "Existing Agreement"); and WHEREAS, TxDot and the City desire to enter into Amendment No. 1 to the Existing Agreement, a copy of which is attached hereto and made a part hereof by reference ("Amendment No. 1") calling for an increase in financial assistance and City participation; NOW, THEREFORE; THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Manager or his designee is hereby author/zed to execute Amendment No. 1 on behalf of the City of Denton. SECTION 2. The City Manager or his designee is the City's authorized representative who is directed to comply with any assurances, conditions, or agreements required to be executed to receive the funds provided under Amendment No. 1, including payment of the City's share of the estimated construction costs. SECTION 3. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the~7'~/~Say of ~r~ , 2004. ATTEST: JEIsllXIIFER WALTERS, ~x~TY SECRETARY APPRO~D AS TO.LEGAL FORM: HERBERT L. P~ T/~ITY ATTORNEY BY: '-~'~"~)t~ EULINEBROCK, MAYOR TEXAS DEPARTMENT OF TRANSPORTATION GRANT AGREEMENT (State Assisted Airport Development Grant) Amendment No. 01 to the Agreement TxDOT CSJ No.: 0218DENTN TxDOT Contract No.: 2XXAV018 TxDOT Project Name: AP DENTON 3 Part I - Identification of the Project TO: The City of Denton, Texas FROM: Thc State of Texas, acting through the Texas Department of Transportation The City of Denton, Texas, referred to as the "Sponsor", and the Texas Department of Transportation, referred to as thc "State," have entered into a Grant Agreement TxDOT CSJ Number 0218DENTN, executed by the Sponsor on January 8, 2002 and by the State on January 22, 2002, for the development of the Denton Municipal Airport. The project is described as follows: design and construction an airport terminal building and an air traffic control tower at the Denton Municipal Airport as approved by the Texas Transportation Commission on September 27, 2001. Part lI - Offer of Financial Assistance, estimates total project costs to be $1,600,000; and financial assistance is currently limited to $800,000 in state funds and $800,000 in local sponsor funds. It is in the mutual interest of the Sponsor and the State to amend the Grant Agreement at this time to increase the agreement by $200,000 for the design and construction of an auto parking lot; and In consideration of the parties' mutual promises, the following amendment to the Grant Agreement shall become effective upon execution of this Amendment by the Sponsor and the State. The Grant Agreement is amended as follows: 1. Part II, paragraph 1 of the Agreement, change Amount A, estimated eligible project costs, and any further references in the Agreement to Amount A, to $1,800,000. Page 1 of 3 2. Part II, paragraph 1 of the Agreement, change Amount B, State's share of eligible project costs, and any further references in the Agreement to Amount B, to $900,000. 3. Part II, paragraph 1 of the Agreement, change Amount C, Sponsor's share of eligible project costs, and any further references in the Agreement to Amount C, to $900,000. 4. Part I, paragraph 3 of the Agreement, the project description should read as follows: design and construction an a'trport terminal building, an air traffic control tower and auto parking lot at the Denton Municipal Airport as approved by the Texas Transportation Commission on September 27, 2001. All other terms and conditions of the agreement are unchanged and remain in full force and effect. The above amendment to the Grant Agreement between the City of Denton, Texas, and the Texas Department of Transportation is mutually agreed to and accepted. Executed this -- day of wimes~si~nature City Secretary The City of Denton, Texas Sponsor Sponsor Signature City Manager Witness Title Sponsor Title APPROVED AS TO FORM: CITY ATTORNEY Page 2 of 3 Execution by the State Executed by and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, established policies or work programs and grants heretofore approved and authorized by the Texas Transportation Commission. STATE OF TEXAS TEXAS DEPARTMENT OF TRANSPORTATION David S. Fulton, Director Aviation Division Texas Department of Transpo~tior~ Date: Page 3 of 3