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HomeMy WebLinkAbout1994-154E:\WPD0CS\0RD\BRIAR.0RD NOTE: Amendment to Lease Agreement attached. ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON STATE SCHOOL FOR THE OPERATION OF A PUBLIC PARK, AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the City Manager is hereby authorized to execute an Agreement between the City of Denton and Denton State School for the operation of a public park, a copy of which is attached hereto and incorporated by reference herein. SECTION II. That this ordinance shall become effective immed- iately upon its passage and approval. PASSED AND APPROVED this the � day ofj&4oUd, 1994. ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APP VED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: W\briar.k AGREEMENT BETWEEN DENTON STATE SCHOOL AND THE CITY OF DENTON Whereas, on May 1, 1993, pursuant to TEX. REV. CIV. STAT. ANN. art. 4413(32c), and as amended to TEX. GOV'T. CODE ANN. ch. 791, the Texas Department of Mental Health and Mental Retardation (hereinafter referred to as Department), the Denton State School (hereinafter referred to as School), and the City of Denton, Texas (hereinafter referred to as City) entered into an agreement to provide for the operation of a public park, known as Briarcliff Park, by the City of Denton; and Whereas, the parties to that agreement now desire to extend their agreement for the continued operation of a public park and mutually agree to the following provisions: I. PROPERTY Department will permit the City to continue to develop and maintain a public park on Department's premises located in the City of Denton, Denton County, Texas, said land which is controlled by School, a facility operated under the jurisdiction of Department. This property is located in the City of Denton and is more particu- larly described by metes and bounds in the attached Exhibit A which is incorporated herein. II. CITY18 RESPONSIBILITIES The City agrees, in exchange for the usage of the above - described property, to perform the following activities: 1. To continue to operate the park in accordance with all City regulations and the terms of this Agreement; 2. To remove all trash weekly; 3. To prohibit the consumption of alcoholic beverages in the park; 4. To maintain a fence surrounding the park property con- taining a gate to allow access from Denton State School; 5. To permit Denton State School to utilize all park facilities at all reasonable hours when the park is open to the public; 6. To indemnify and hold harmless, the Department, School, the State of Texas, and any employee or agent of these entities, from any damage or injury which may occur as a result of the City's negligence in the operation of the park on the property; and 7. To remove all City equipment from the property upon the termination of this Agreement. III. TERM OF AGREEMENT The Agreement period will begin on May 1, 1994, and terminate at midnight on April 30, 1996, unless said Agreement is extended through a new or renegotiated agreement made among the parties involved. IV. TERMINATION OF AGREEMENT This Agreement may be terminated only in the event of one or more of the following conditions occurring: 1. If the City fails to comply with the provisions of the Agreement; 2. If the need for the park ceases; or 3. If the Texas Legislature requires the use of the property for State purposes. Any party may terminate the Agreement for conditions 1 or 2 listed above by giving thirty (30) days written notice to the other parties. Any party may terminate the Agreement for condition 3 listed above by giving 360 days written notice to the other parties. V. NOTICES Any notice given by one party to the other parties in connec- tion with this Agreement shall be in writing and shall be sent by certified mail, return receipt requested, with postage fees prepaid as follows: City Manager 215 E. McKinney Street Denton, Texas 76201 .•• Superintendept •-! , - • .. Notices shall be deemed to have been received on the date of PAGE 2 receipt as shown on the return receipt. VI. ENTIRE This Agreement constitutes the entire understanding between the parties and as of its effective date supersedes all prior or independent Agreements between the parties covering the subject matter hereof. Any change or modification hereof shall be in writing signed by all parties. 3 I ESS WHERE the ties have executed this Agreement on the/ day pa of , 1994. CITY OF DENTON, TEXAS BY APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY TEXAS DEPARTMENT OF MENTAL DENTON STATE SCHOOL BY: BY: PAGE 3 State Of Texas County Of Denton Amendment of Lease Agreement This Amendment of Lease Agreement is entered into this � day of 1996, by and between the Texas Department of Mental Health an Mental Retardation, an agency in the Executive Branch of the State of Texas, created pursuant to Texas Health and Safety Code, Chapter 531 et. seq., governed by the Texas Board of Mental Health and Mental Retardation, and any successors to its duties and functions ("Lessor" and the City of Denton Parks and Recreation Department ("Lessee" for the purpose of extending the term of a Lease dated August 16,1994. Recitals Lessor, as authorized under the provisions of the Texas Health and Safety Code, Section 533.087, has leased 11.7 acres on the campus of the Denton State School (Premises) to Lessee for the purpose of providing a public park, known as Briarcliff Park. Said Lease Agreement expired April 30,1996, during negotiations of a subsequent Lease. Now, Therefore, Lessor and Lessee agree to maintain, on a month - to -month basis, all provisions of the previous Lease Agreement until such time as (1) a new Lease Agreement is mutually agreed upon and executed, or (2) either Party determines that a new Lease Agreement is not in its best interests. In no case shall this Amendment extend the term of the recently expired Lease beyond December 31,1996. Date: I . 7 . �6 Texas Department of Mental Health and Mental Retardation v� Don A. Gilbert, Commissioner Date: City of Denton, Parks and Recreation Department Ted Benavides, City Manager I