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HomeMy WebLinkAbout1997-024J \WPDOCS\ORD\MHMRLSE ORD ORDINANCE NO 9 /"O AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT BETWEEN THE CITY OF DENTON PARKS AND RECREATION DEPART- MENT AND THE TEXAS DEPARTMENT OF MENTAL HEALTH AND MENTAL RETARDA- TION FOR PROPERTY LOCATED ON STATE SCHOOL ROAD AND KNOWN AS BRIARCLIFF PARK, AND PROVIDING FOR AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the City Manager is hereby authorized to execute a Lease Agreement between the City of Denton Parks and Recreation Department and the Texas Department of Mental Health and Mental Retardation for property located on State School Road and known as Briarcliff Park, a copy of such lease is attached hereto and incorporated by reference herein SECTION II That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the pf%? day of 1997 JADIMILLER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY HERBERT L TO LEGAL FORM PROUTY, CITY ATTORNEY BY A e~ 6� State Of Terms County OE Denton an agency m the Executive Branch of the State of Texas, created pursuant to Texas Health and Safety Code, Chapter 531 et. ul , governed by the Texas 1loord of Mental Health and Mental Retardation, and any suooessots to its duties and functions (IA=") and the Cry of Denton. ("Lem") Lessor is authonzed to lease real property under its control under the provisions of the Texas Health and Safety Code, Section 533 087 and desues to lease 117 acres on the campus of the Denton State School ("premises" more specifically described inExhibit A and Exhibit B attached hereto) to lessee who has agreed to lease the premises from Ltwor Now, Thenfon_ lessor and lessee agree as follows 1 Allowed Use: Lessee shall be allowed to use the Premises for the purpose of providing a public park, known as Briarcliff Park, as a recreational area for the atrzens of the city of Denton. Lessee Oblr ors: lessee agrees to perform the following activities A. To continue to operate the park in accordance with all city regulations and the terms of this agreement, B To remove all trash weekly, C To prohibit the consumption of alcoholic beverages in the park. D To maintain a fence surrounding the park property containing a gate to allow acem from the Denton State School, E. To permit Denton State School to utilize all park facilities at all reasonable hours when the park is open to the public, 1• To remove all Crty equipment from the property upon the termination of this agreement Denton State School/City of Denton Lease Agreement Page 2 3 Term of tease, A. This Annual Lease wtll begin an the effemn date, as herein dented. The Terns of the Lease will be open-ended but subject to review every five (5) years on the Anniversary Date of the initial Effective Dale. 6 The Effective Date of this Lease shallbe the date this Lesso is signed by both Lessor and Lessee and is ratified by formal action of the respective governing bodies thereof; whichever is lacer Each party agrees to give notice to the other party immediately upon mundiat Of thus Lease. Toraunatien of Lease, Either Party may terminate this Lease Agreement by giving nurety (90) days written notice to the other Party. 5 Rut A Rent shall be Five -hundred Dollars ($500 00) per year payable in full to the Lessor on the Effective Date of the [.ease and on each Anniversary Date of the Effective Date during the Term as stated above B Payment shall be sent to asset Management, Tom Department Mental Health Mental Retardation, P Box 12668, Austin, Texas 78711-2666, unless otherwise notified in writing by the Lessor 6 Insurance and Indemnification. Lessee shall have the obligation of self -insuring and/or securing policies of insurance as set forth below Property, casualty and general liability insurance coverage shall be maintained by the Lessee, either through a self -insured program and/or through policies of insurance obtained through an insurance tmdawrtter licensed in the State of Texas, to protect Lessor against any and all liability or for other bee asswated with this Lease Evldenee of such coverage shall be provided by lessee to Lessor and, d coverage is to be provided through a policy of meurance, then &aid policy shall name Leswr, and any of ds successors or assignees, as an additional insured. In the event of property damage, all proceeds from policies of insurance +hall be used to restore the Premises and affected improveaienb topre4neident condition Lessee agrees to indemnify Lessor for any action taken against them as a result of this Lease. 7 Accalimm of Leased Premises: Lessee has insperaed lire physical and topographic condition of the Premises and accepts same "as is" In ib existing conditiom l io bur disclaims any and all wartwdm of Denton State School/City of Denton I Am Agreement Page 3 habitability, merdantabibty, suitability, fltneaa for any purpose, and any other express or implied warranty. t IMP12Y224t AIL t.essce shall have the tight to make certain approved unProveMoC►is assodated with its use of the Premises. All such i1P111 must be at the Lessee's sole expense. Any and all Umpr'ovsmetb bo the Premise► must be approved in writing by Lessor PI to matapationn. Fixed I nprovements may not be removed at the termination of the Lease without the aWreas written consent of the Lesaor 9 A. Lessee shall maintain the Premises in a safe and prudent magnet and m a good state of appearance H Upon termination of this Lease, Lessee shall return the Premises to substantially the same condition that it had following mstallation of any Improvements as allowed by Section 8 above Should Lessee fall to return the Premises to a satisfactory condition, Lessor may, at its election effect the necessary re**oration, for which Lessee shall be obligated to reunhurse Lessor 10 Co1pp r,eee R d& Lessee shall adhere to a coEVharne review pis that allows Lessor to insure that all Lease provisions are met. Lessee agrees to permit Lessor to enter the Premises for the purpose of inspection and /or for Performing work ommstent with Lessor's mamteranue program Except in the case of an emergency, Less" will perform Ri usPections and maintenance in a manner not to interfere with the Program of the lessee. it Loarmbranre of a EMPOa .�.�. Lessee shill have no nght to encumber In any fashion Lessor's fee simple estate in the premises Any improvements made to the property must be free of any debt or encumbrances prior to nuhation of the improvement Left shall provide Lessor witha certificate venfymg the lack of encumbrance of any unprovement fagowing completion thereof 12 OLioll Lm"Omadioz Failure to comply with any provision of this Lease will constitute an event of default If Lessee defaults, Lessor shall notify Lessee in wnting of such ddault Lessor shall have the to terctmate this Lease if Lessee has not cared said default within (30) days of nod&ahcri. 13 Waiver Neither the acceptance by one Party of any Payments hereunder Denton State School/City of Denton Lease Agreement Page 4 not the failure by one Party to complain of any action, rmuctiott or default concerning the other pity sMO constitute a waiver of arty parry's rights hereunder Failure of notice by a Party for any act or event shall not constitute a waiver of any right or obhpdm set forth m the Lease. 14 HRIdliamilM Lessee will provide Lessor with a 'hold harmless. agreement releasing Lessor from any and all liability throughout the term of the Lessee's use of the Premises 15 AUJIUMULL Lessee shall not assign this Lease to any other party without the express written consent of the Lessor Lessor shall exercise its sole discretion regarding approval of any MmgnmxnL The premises may not be divided for the purpose of assigning it portion of the licensed remlses to another patty Lessee agrees that it will not assignor sublet all or any part of the Leased Premises to any private parties (persons or corporations) 16 Entire glunimt: This Lease AgtetMent represents the entire agreement entered into between Lessor and lessee with respect to the subject matter herein and supersedes all previous agreements and understandings with respect thereto This Lease Agreement may be amended only by written agreement executed by Lessor and Lessee. 17 SmakULM In the event any prow4son of this Lease Aoreernent shall become unenforceable or void, the same shall not invalidate any other Provision of this Lease Agreement. is Govem,ng TAW, This lease Agreement is being executed and delivered and is untended to be performed in the State of Texas The laws of Texas will govern the validity, construction, interpretation, and enforcement of this Lease Agreement Proper venue for any litigation arising from this Lease Agreement shall be in Denton County, Texas 19 ;:t =&1-• Any termination of this Lease Agreement shall not affect the rights and obhgat,ons of the Parties accrued prior to the date of the termma ion and such obligations shall survive and remain enforceable following the termination. 20 NatiSM Except as expressly provided herein, any notice required or permitted to be given under this Lease Agreement must be in writing and delivered in person or by registered or certified marl, return requested, Postage Prepaid, to the individual and address below Denton State School/City of Denton Lease Agreement Page S (Lessor) AssetManagement 909 W 45th. St Austin, Texas 78751 (Lessee) City Manger City of Dettan 213 E Mcawtey Street Dent^ Taw 762M 21 AuA thodry to Bind the Departmeai; This Lease Agreement is not binding on the Department and/or its property unless and until it has been executed by Don A. Gilbert, the Commusio rm of Texan Department of Mental Health and Mental Retardabon 22 Lessee's Authodtve The person or persons executing this Lease Agreement on behalf of the l eases, or representing themselves as executing the Lease Agreement on behalf of the Lessee, warrant that they have been fully authonzed by the Lessee to execute the Lease Agreement on the Lessees behalf and to validly and legally bind the Lessee to all the terms and provisions contacted herein. Date 3 3 a! -7 Date 14/,0r/ q q Z Texas Department of Mental Health and Mental ardation Don A Gilbert, Commissioner City of Denton, Department of Parks a�n/d creation Ted Benavides, City Manager EXHIBIT A DENTON STATE SCHOOL PARK All that certain lot, tract or parcel of land lying and being situated in the City and County of Denton, State of Texas, and being part of the M.E.P. i P.R.R. Co. survey, Abst. No. 950 and also being part of a tract of land as conveyed from G.A. Godfrey, et al to The State of Texas by deed recorded in Volume 435, Page 12 of the Deed Records of Denton County, Texas, and more particularly described as followss Beginning at a point in the north boundary line 'of said State tract, said point also being the southwest corner of lot 6 and the southeast corner of lot 7, Block 4, Briercliff Estates; Thence east, along the north boundary line of said State tract, same being the south boundary line of block 4, Briercliff Estates, a distance of 785.16 feet to a point for a corner, said point being the intersection of west right-of-way line of State School Road with the south right-of-way line of Brighton Drive; Thence south 1" 54' west, a distance of 1022.30 feet to a point for a corner; Thence north 886 06' west a distance of 47.0 feet to a point for a corner; Thence north 350 24' 30" west a distance of 654 feet to a point for a corner; Thence north 740 53' 30" west, a distance of 279.58 feet to a point for a corner; Thence north 70 37' 24" west, a distance of 417.96 feet to the place of beginning and containing 11.11 acres of land more or less.