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Home My WebLink About1998-162ORDINANCE NO R ff _ AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH THE DENTON INDEPENDENT SCHOOL DISTRICT FOR THE LEASE OF TWO PORTABLE BUILDINGS FOR A COMMUNITY POLICE OFFICE, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City deems it in the public interest to enter into a lease with the Denton Independent School District ("DISD') of two 24' x 36' portable buildings to provide a commu- nity office for community policing activities until such time as a permanent facility can be con- structed, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the City Manager is hereby authorized to enter into a lease with the DISD for the lease of two 24' x 36' portable buildings to be utilized for community policing, in substantially the form of the attached lease which is made a part of this ordinance for all pur- poses SECTION II, That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the & 4 day of 11990, JACTrMILLER, MAYOR ATTEST' JENNIFER WALTERS, CITY SECRETARY BY APPR ED A TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY p \ahertdWe MGLMWAO"M..e pW bla ord d STATE Of TEXAS § b INTERLOCAL COOPERATION AGREEMENT COUNTY OF DENTON § This Agreement made and entered into by and between the City of Denton, Texas, a Texas home -rule municipal corporation and a political subdivision of the State of Texas, acting herein by and through its City Manager, duly authorized to execute this Agreement (hereinafter referred to as "Lessee") and the Denton Independent School District, an independent school dis- trict organized and existing pursuant to the laws of the State of Texas and a political subdivision of the State of Texas, acting by and through its Superintendent of Schools, duly authorized to execute this Agreement (hereinafter referred to as "Lessor") WHEREAS, the Lessor is the owner of certain personal property generally described as portable buildings, and such property is not required for the current needs of Lessor for educa- tional purposes, and WHEREAS, Lessor and Lessee are both local governments with the authority and power to contract, and WHEREAS, both Lessor and Lessee mutually desire to contract under the provisions of Texas Government Code chapter 791, the Interlocal Cooperation Act, and contract pursuant thereto, and WHEREAS, both parties have the authority to perform the services set forth in this Agreement individually in accordance with TEX GOV'T CODE §791 071(c), and WHEREAS, the Lessee will make all payments for the lease set forth herein out of avail- able current revenues and Lessor agrees that the payment made by Lessee hereunder, in view of the Joint ,Use Agreements between the parties, will fairly compensate it for the services per- formed, and WHEREAS, the Lessee is desirous of leasing the personal property from the Lessor in order to fulfill current needs of Lessee, NOW, THEREFORE, Lessor, whose principal office is situated at 1307 North Locust, Denton, Texas, leases to the Lessee, whose municipal offices are situated at 215 East McKinney, Denton, Texas, and Les- see leases from Lessor, the following personal property Two (2), 24' x 36' single portable buildings6 hereinafter referred to as the "property " SECTION ONE TERM OF LEASE The term of this lease shall be ninety-nme (99) years, commencing on October 14, 1997, and terminating on October 15, 2096, or until the Lessee has no more use for the portable build- ings, unless otherwise terminated as provided in this Agreement SECTION TWO PAYMENT OF RENT In consideration for the leasing of the property, Lessee agrees to pay Lessor, as rent for the property, the sum of one and no/100 dollars ($1 00) for the entire term of this lease agree- ment, payment of which is payable on or before November 1, 1997 Such payment shall be made at Lessor's address as set forth above SECTION THREE USE AND PRESERVATION OF PROPERTY Lessee shall use the property in a careful and proper manner, shall comply with all appli- cable laws and regulations, and shall maintain the property in good repair and condition Lessee assumes all risks of loss and damage to the property from any cause whatsoever and agrees that the property will be returned to Lessor in the same appearance and condition as when received, ordinary wear and tear excepted SECTION FOUR TERMINATION OF LEASE BY DEFAULT OR RIGHT If Lessee fails to perform any of the conditions or covenants of this lease, Lessor may terminate this lease and Lessee's right to possession of the property, and immediately take pos- session of the property without demand on or notice to Lessee Provided, however, in the event of a default, Lessor shall notify Lessee in writing of any default, describing the conditions of de- fault in detail, at the Lessee's address indicated above, and Lessee shall have sixty (60) days from the receipt of the notice to cure any such default Lessee may terminate this lease at any time by giving Lessor thirty (30) days prior written notice at the address set forth above SECTION FIVE OBLIGATION TO PAY TAXES AND FEES Lessee shall pay, if applicable, all license fees, assessments, and sales, use, property, and other taxes imposed on the property, either directly or by reimbursement of Lessor, excepting only taxes imposed on or measured by income of Lessor Both parties understand and agree that they are both governmental entities who are exempt from most taxes or assessments SECTION SIX LIMITATION OF WARRANTIES Lessee shall have an opportunity to inspect the property to make sure it is adequate for its purposes prior to entering into possession of same Lessee acknowledges that the property is of a size, design, capacity, and manufacture selected by Lessee Lessor has not made and does not make any representation, warranty, or covenant, express or implied, with respect to the condition of the property Lessor shall not be liable to Lessee for any liability, loss, or damage caused di- rectly or indirectly by the property, by any inadequacy or defect, or by any incident in connection with the property Page 2 SECTION SEVEN POSSESSION OF PROPERTY It shall be a requirement of this lease that the Lessee shall immediately perform all tasks neces- sary and reasonable for the relocation of the portable buildings from their present sites to the real property owned or lawfully possessed by the Lessee Failure of the Lessee to immediately per- form all tasks necessary and reasonable for the relocation of such property shall be an event of default, and Lessor may terminate this lease and Lessee's right to possession of the property, and immediately take possession of the property without demand on or notice to Lessee In witness whereof, each party has caused this Agreement to be executed on the date in- dicated below EXECUTED this A — day of 1990 by the Superintendent of Schools of the Denton Independent School District as authorized by the Board of Trustees of the Denton Independent School District ALBERT THOMAS, SUPERINTENDENT OF SCHOOLS EXECUTED this day of V Ll/7 Zi , 1990, by the City Manager of the City of Denton as authorized by the City Council of the City of Denton TED BENAVIDES, CITY MANAGER ATTEST' JENNIFER WALTERS, CITY SECRETARY BY W N1AL"� APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY 4. Z P \shued�dept\LQL\ o s\ \L MASH OF DISD POATABL S d. Page 3