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05-1975
IAI ~TRUETT LABORATORIES • BIOCHEMICAL VIVISION MST OFFICE SOXU 2f ❑ DALLAS, TEXAS 16234 D AC21C2474631 ❑ AOMSIOHOFSOMWESTEANORUGCOWORAM-N PROPOSAL For the consideration of $8,049.00 (Eight thousand and forty-nine dollars) Truett will supply to the city of Denton for the duration of 90 days, consulting services, technical expertise and tn. me- terials specified herein. Upon completion of the first 90 days of concentrated treatment, Truett shall provide those services listed under items a, c, d and a for an additional nine month period. Compensation for these i continued services shall be $9,189.00 (Hine thousand, one hundred and eighty-nine dollars). a. Scheduled visits to the Denton Sewage Treatment Plant to provide consultation services Lnd sampling. b. Concentrated treatment and testing procedures for 90 days to stabilise plant operations. c. Customised microorgantow as required. Blended and in quantities an determined by Truett's studies. d. Qualif;id supervision to instruct on-mite personnel in the applicable treatment-methods and procedures. e. Certified reports and analytical data for the city and regulatory agencies. Either party shall have the option to terminate this agreement for cause, by providing a thirty day written notice after co*- pletion of the initial ninety days of concentrated effort. If the city of Denton elects to terminate this agreement, Truett will refund any prapaid balance on a pro-rata basis. Customer hereby orders from Truett the services listed above and, upon acceptance of such order by Truett, Truett agrees to furnish such services in accordance with terms and cop- ditions which are part hereof. ACCEPTEW Bye LaLi~ By, city o Denton Date T t Laboratories UO o TERMS AND CONDITIONS TERM ThsAgreenishanbe for an initalterm of o,eyeartromthe daietweofand shaAbeautomaticallyrenewed for successive one year terms upon receipt by Truett of paymenloI the Annual Malnlenance"rge .n effect a I the time of such renewal Either party may wilhdra rr system(s) from Ih s Ag reemenl or terminate this Agree- ment at arty time by giving thirty days p lor wril!en nolice to the other party. CHARGES Customer agrees to pay for their initial termofthisAgreemenl,the Annual Maintenance Charge shown on the reverse side hereof, as well as ary other charges Itral may become due hereunder, upon receipt of an invoice therefor. T ruett wil render an advance a'lling for the Annual Maintenance Charge for each successive term of this Agreement prior to the beginning of such term Terms of at invoices are net thirty days, Afterations to systems, add tie a thereto and/or specification changes hereunder may requre an increase n maintenance charges. TAXES Micro-organisms will be furnished and seeded as required to insure optimum performance of the system as ;ar!cftlisA~rearr^ntAdyit;onc!Chargesmayre.ultlrcmnng,•torthesys!r+mtytteCusl netsp°ro,-,q or excessive or misuse of chemicals, faulty and/or deteriorated systems or installations. Truett will provide y the Customer with frequent inspection reports and wri notify Customer before furnishing any materials or ser- vices which will require additional charges hereunder. There shall be added b all charges amounts equal to amt taxes, designated, levied or based on such charges or on this Agreement or the services rendered or materials supplied pursuant hereto, n^Iuding state and local privilege or excise taxes based on gross revenue, and any taxes or amounts n lieu thereof paid or payable by Truett n respect of the foregang, exclusive, however, of taxes based on net income. INSPECTIONS Ali nspectionswilbe made during Truett'snor metbusiness hours. AttheCustornersrequest. Truett will make an. 'addibonal" inspection of any system or facility, in addition to the "reguW" inspection contracted for hereunder. at Truetrs then prevai'ug rate ki an "additional inspection WARRANTY Truett warrants that (1) the services performed by it hereunder will, not cause any damagetothe system(s) covered by this Agrearent and (2) al materials furnished by d hereunder will be freeof defeclsalthe time of instana5on to no event shall Trait be Fable fur any damages or losses resuhing Iran any defects in the system(s) covered by rNsAgreement or from arty lakse d such syslem(s)whlch Is not caused directly and solely by"materials or services furnshed by Truett hereunder. I n"event U Truett's t reach of warranty, the Customer's exctusFie remedy shall be that subject to the terms and condilicrra of this A! ~reement and provided this Agreemen! !s still in effect with respect to the system(s) in- volved, Truett w'I makes uch adjustments, repairs And replacements fo such system(s) a s may be recfured to restore Such systarrys)lo the "ofaff'isiencyexisting nrnediatelyprior toTruett'sfumishng"materials or services hefeuMer. GENFPAt This Agreement does no' cover service and/or org 3nisms required by causes other than normal use or necessitated by the installation of or magunction of non-Truett organisms. Truett shalt not be re,ponsible for la?ure to r3r,d^r service d.'la to slrikes, fire, l4r-d andorher causes beyond its contra. This Agreement cen- stitules thA entue contract betoinen 7 ruett and the Custon er with respect io service of the system(s) covered by this Agreement and no representation or statement not expressed herein shall be binding on Truett The ierms and coMilions herein shall prevail nohvilhstanding any variance with the terms and cord tions of ary rider submitted by the Customer with respect to Maintenance Service. .Y TRUE r LABORATORIES/DALLAS, TEXAS Dirfsim o/ Southwestern Drug Corporation FORM 4710 Iaiuperg *uretp Corporation 116 FLOOP,OFIDELITY UNION TOW'cROPHONE 747.82950DALLAS, TEXAS 75231 .11(941y specialize Ronaling Company May 6, 1975 City Secretary City Nall Denton, Texas 76201 Re: Bond No. 144312 Master Electrician W J Hickingbottom 602 Fort Worth Ave. Denton, Texas 76201 Gentlemen: This is your notice that we wish to be relieved of liability on the above bond to be effective 31 days from date. Please acknowledge receipt of this NOTICE OF CANCELLATION. Yours truly, M J P ramore Attor ey in fact Denton Insurance Center, Inc P 0 Drawer C Denton, Texas 76201 file SURETY and FIDELITY •ONDS-Fire Minute Semite--No Red Tape Sr r- u~ ~p T}'F STATF. OR IT AS AnRF.F7tF.NT FOR CONSTRUCTiOH OF RAW MATER COUNTY OF DEN70N LINE This agreement is made and entered into on the 7th day of March , 19751 by end between the Cite of Lake Pallas, hereinafter referred to as Lake Dallas, and the City of Denton, hereinafter referred to As Denton: Whereas, Denton has awarded a contract fnr tYe construction and installation of a raw water line from Clrza-Little Flr+ Reservoir to Denton's Vater Treatment Plant; and Vhereas, maid installation and corrtructior of the water line will pass through the cc,porate city limits of Lake Dallas, and will transverse certain public streets and roadr, vithin the. City limits of the City of Lare liallas; and Whereas, it will he necemrary for the contractor awarded the bid by Denton to cut into and dip up certain public rtreets within the City of Lake Dallas, and whereas the City of iA ke Dallas will grant such permission for cutting into their streets in return for certain conditions being met by the contractor of the City of nenton and/or Denton. Now therefore, for the reasons net forth above, and consideration of the nutual covenants and promises of tl•e nartie3 hereto, it is agreed na followas (1) Attached to this agreement as Exhibit A. is the concrete pavement replacement detail conoerninp the laying of the water line across public streets within Lake Dallas, rush rxhihtt it incorrorated herein and is binding except for the variations and exceptions listed below: (2) rifteen-hundred rounds or two saok concrete mix shall t•e used no concrete t•ael-fill at all street crossings to within eiRht (3) inches of for of the pavement. Fight inohem of three-thousand 5 . r PSI. concrete shall be used from the concrete backfill to the top of pavement and shall span the entire section of the street from one side to the other sine. Lake DAIlas shall have the final approval in deeidinr whether the streets have been prerared properly after being cut and the Tire heinr laid, and Denton shall comply with any reasonable requests by Lake Dallas in order to obtain such approval, (3) All ripeline, other than street crossin?, will be backfilled in layers not to exceed two feet, watered And tamped as necessary to avoid future settlinr of the rrouni. As sn option, the Contractor may fill with sand. No organic utter will be included in any fill material. (4) no word: of any nature will proceed until the nrerer permits have been obtained from the City of Lake Dallas, nli1 a complete set of plans and specifications are on record at City Hall in Lake Dallas, Texas, The Contractor ;!ill present to the City of Lake Dallas a $50000.00 bond for each of th,) five (5) streets in the City of Lake' Dallas at which time the City will iesue a permit for cutting. (5) Denton shall fully maintain and i:eep in good repair the raw water line in the corporate limits or the ^.ity of Lake Dallas. W Denton and/or it's Contractor will restor^ all property and land to its original condition alone the rath of the path of the raw water line within the City limits of LoOke Dallas. This includes any and all restoration work to the streets at or near the site of the cutting of said streets, (7) At the time of issuance of the rermits ty Laka Dallas, the City of Denton shall pay to Lake Dallae the sun of 41,500.00 as an Inspector's fee to be used by the City of Lake Dallas. (8) This aRreement may to ariendcl or terminated at any time by mutual agreement of the parties. (9) The provisions embodied in this agreement contain all covenants, agreements, obligations, and stipulations agreed on by the parties, and on execution hereof, any and all previous and existing agreements and/or contracts entered into between the parties are hereby declared by mutual consent to be null and void. (10) A breac,i of contract by eiVier party shall constitute grounds for cancellation of this agreement by the other party. However, the party who commits the breach shall have ten (10) days after nailing; of smitten notice of such breach iron the other party in which to correct or abate tre breach and avoid cancellation. If the party co;tiT&ittinP the `.reach fails, refuses cr neglects to correct or abate the breach withir ruck ten (In) Inv period, then the other party at its option shall lmmellRt£ly terminate this agreement by riving written notice of terminition to the party in default. Any v,ritten notice provided for herein shall be deemed properly mailed and delivered when the ssme to depe•,ted in the United States mail, postage prepaid And properly addressed to party to whom nitch notice is directed. property addresses of the two parties shall be Rs follows: City of Denton, 215 F. leKinnev, Denton, Texas 75201. City of Lake Dallria, Post Office Box 3(8, Lal•e Wallas, Texas 71(5. In witness whereof, the parties have executed this agreement in multiple ori.rirals at Denton County, Texas on the date and year first above written. ona ansura, . ayor o e City of Like Dallas an Lovl~ „epn on a ve, City o en on Director of tilities c,on rag or, Steed Construction Company Width Eyirti~ /2r T`'_✓~~!t _ rreneY Y /brgmer9t~ AsphH. 44 alt Mao rL J ~Ila~~•~• , '1lj• Moterio/ As N 1 c Fit ~ Caz~*tfd ~t.~fr'11 ~ / • fi As .JpK+i • / Gronv/or - Conc tee/ fled Yo Within 16 j Ot' rop of Pvm Embedment - FS Moteriol LCym7dge, piPd /540 Co,c1 ~ • _ ' • , 71,"IMin 1 0, dr /f GRANULAR OR CONCRETE ENCASEMENT ASPHALT PAS 00 Not Scale REPLACEMENT ao rvot sc l2° Trench k QUANTITIES PER 100 L.-F. , paint EXr' Exrst. b' 6reaX TC ENCA4E0 COnC1 1 MBNT GRANULAR ENi,A8l1D CONCR~ To _ 00 L.F.. C.Y,/100 L.F. C.Y./100 L. F. 28 35.04 - 35. 04 3G _39.45--- 36. 56 { 3L12 Go. - A4. 07 42 16 f+0 A 8 . 91 _ 4'J 91 C Asphai l Avn 53, 97 4q 73 Det1 Abav& 28 54.24 53 4. 73 37. G7 CONCRETE PA PEPLACEME po Not Conc. F rrv,7t B/oa CO/~CI 77~ ' 3 w ~,,,r--}---,ti cox. cyh ' Ho re : Conc. For Thrvst Blocks Tr~nc WiJth Trench_ W~q~t /Z" 100r~mentl Aspho/f I - - 4'JPY' '.r''l..• / .li ; _ ..t~.rti~iti.~.,:i-~~;r:'r~i^,1i: o;'r;.`;~ lr~ - --T ~ ~~j ~ r ~ Trim Edges c+r Pvnat with Cloy spode &dAll % f2:27) As spew'- / !Cane fSt / _ fie4 To i✓~ Min 8 +.Cylinde ^ Pips oe top ot• Pym A ; O 'nom Pipe _0. D_ 7 007. x.~ Mar. ~-/i ~ , AR oFz CONCRETE NCASEMENT ASPHALT PA MENT 00 Not Scale REPLACEMENT DETAIL, i Do Not Sc Is 1 l?tl Trench iy Exraf 6" 'paint ex"', . Coro, . gx,;af ~w CONCRETE ENCA9E0 CORC.'~1 ToDreox~d Cone C. Y. / 100 L. F. 1 3.1f . 04 a r' • - i ..•P, ! ~ . a ' 4 ~ 1 ' _ 40 . 18 0• w Sow Cuf 4:; : 41 bee Asoho/f ,gym, Exist ~~c 4 9.73 Replacem-n/ _ _ ,Qs.ScCC ' 3363 5787 CONCRE~ E PA EMENT REPLACEMENT' CDETA! L Do' Not Cate ' ' r Conc. ;r. le: • . ' Thrv.St Bloch i► 7 yyppi ' J . off, Ie. i. cone cy. l`%Te. cco✓i.^ ' QFopr Thrust B/ocks~ , y r 1500 oc ac. 7y' ~r4 fin, Pepe D. O. 7~~' ~Iin. Ev~l ve, al GRANULAR oR CONCRETE ENCASEMENT ASPHALT PAV Oo Not Scale REPLACEMENT ao Not 8a 12" 7"rench Wi QUANTITIES PER 100 1_,F ~ , paint Ex%; Exrs 6 meNr GRANULAR E14CASED CONCRETE ENCASED Ccnc• TO ~r~oX 00 L. F.. C.Y. / 100 L. F. C.Y. / 100 L. F. - a 28 35-04 _ 35 .04 10 3G 34 . 45 30 • 5G r~__ GO A4. 07 4Z . 18 00 4 3 q I .QS,DAReplaCCm`n6G 53 97 T49 73 Det, Above ,y- 5q. 24 53 : G5 28 - c_4_. 57 , G7 CONCRETE PA REPLACMEN Do' Not- r M COnc, Thrust B/ocrF 'Y r I ~ 4 Cone, tl I • ' i; Thrust Block - 1 3 - cy./. r C NO re, Cones For Thrust Blocks, conc. Thrust , ' i Block Shol/ Be Poured A Und~stvrbeo Forth " , Canc. Cy/. 1 " Prpe' yla TYPICAL', 'r y BLOCK'- DETA11_5 THRUST i j 'RO-rV 1A t _ 111 {11 • 7~ Pipe 0.0_ 17j" Vin. AR OR CONCRETE NCA S t M E NT ASPHALT PAVEMENT I 0o Wot Scale REPLACEMENT" DETAIL I Do Not Scale 1 12" 7'rench thdrh _ I { rCONCRETe ENCASED TD Creole ,5o-?d C:Oi1C,' 1 \ COnC C.Y./1001.. F. 35. 04 _ 36. 5w 4z . 18 o3 L l2# B, ;u _ Sow- ut 43 : q j Sao AsohaN hm~ Exist Cnr.c Replacement ,Qs.S[ec~~,' 4 q 73 CO. Above 53:63 57. c7 CONCRETE PAVEMENT REPLACEMENT DETAIL Do' Not Scale N Cone, Thr•vtt B/oa . - cox. cy~. • R oe No re : Conc. For Thrust B/xks, 5"W1 Be /500 P. s. " ! conc. Cyi. ;Ott ON p It I TYPICAL RU ST ..BLOC K' DET~ILS:. r r n~ } Ci ~ r• ~Y `r . , • CERTIFICATE OF INSURANCE 1. Name and address of party to whom this certificate is issued 2. Name and address of insured City cf D- nton United Chsmical Corp. of New Mexico Purchasing Department P. 0. Box 1499 Municipal Building Hobbs, New Mexico 88240 L Denton, Texas 76201 Description of operations All Operations of the Insured Blew a co, eyas, nsas, a oma, Colorado - Location of operations:-Workmen's Compensation: and A]1 States F,ndo Bement Location of Operations :-1lability: Cont1nental United INSURANCE: IN FORCE KIND POLICY NO. Effective DATE Expiration LIMITS OF LIABUJ TY workmen's 46-%VC• 401760 6-1-75 6-1-76 STATUTORY Compensation 100and /of Employer's liabillt o 11 " $ ..............OQ......O. each ocmrwco Pubte twd;l;ty 46-C-428499 6.1-75 6-1-76 Wdy lnlwry 300,000 5..,,.,.,,.,_.,....,..,.,each occurrence Property oomoge 5..100' 000..... each octurrence Controcruol U qty n tf n )Preluded. Yee- No_ 100,000. ...cynregota f Automotive f.. 100 '.00q loch persan Pvbtic Liability or 46-C-428499 6-1-75 6 1-76 3 Roddy tr,iury f, Q each occurrence Avtomor" Property Damage " a 130,000 $ each occurrence Umbrella liability f ..............._...,..,.,eoch occurrence Rig $ ............................each ocewrrence This certificate at rwurance xettftrr Amrmaurely or Naaauvety Amends, !#ende or Alters the Covmre Afforded ft lbe potk7 or pollees rLtea 8eeetn. REMARKS 'I'bis is to certify that policies, certificates, or endorsements of insurance as described above have been issued by the under. sigrxd Insurance Company to the insured lamed in this certificate and are in force at this dme. If ca AvUed or changed by the Insuran a Company during the periods of coverage, is stated herein, so as to affect this certificate, ten days prior writ- ten notice will be mailed by the Insurance Company. Hartford Accident b I e ity Company (Place) Box 1258, Hobbs, New hfextoo 88240 By_ May 15, 1975 orired Repreaattativa (Dote) DANIEIS INSURANCE, I Dolt 46SO ~~Sc c~.r , r r, ~ ~4 ~l 1 ~ F' i} t ~ S n if r Sy~t ,♦~Y KY ~ ~ ~S r ~ r i t t~ v~ ♦R ~1~~. ~ #i~tEr .f~:i ~ Z y+' f`~1. - >r 4 Ri.rr 9~ y t r i fii~3 , J r~ki. fi > '6+~F jE aA14, AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON.$ TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 6TH DAY OF MAY, A. D. 1975. R E S O L U T I O N WHEREAS, the City of Denton is installing an eight inch {8") sewer line which will cross under right-of-way and trackage owned by the Texas & Pacific Railway Company at Mile Post 209.69; and WHEREAS, the railway company is willing to permit the City of Denton to cross under the right-of-way at Mile Post 209.69, providing the City of Denton enters into a pipeline license agree- ment with the railway company, and pay the sum of One Hundred Dollars ($100.00) for the license; and WHEREAS, itiwill be necessary for the City of Denton to comply with certain regulations and restrictions as set out in the pipe- line license agreement; and WHEREAS, the Texas & Pacific Railway Company has requested the Mayor of the City of Denton to sign the license agreement on behalf of the City of Denton; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, THAT: The Honorable Mayor Tom D. Jester, Jr., be authorized to sign a Pipeline License Agreement with the Texas & Pacific Rail- way Company for installation of an eight inch (8") sewer line under the trackage and right-of-way at Mile Post 209.69 in Denton, Texas. PASSED and APPROVED this the 6th day of May, A. D. 1975. 0 D. JESTER R CITY OF DENT , TE S ATTEST: 1114404 144PP-711.1 g ? CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: . L , CITY OF DENTON, TEXAS iA r k~ k` .b , i r r t i T / L NOTICE OF CANCELLATION OF BOND BY SURETY City Secretary City of Denton Denton, Texas Bond No: 90 23 Ob Principal: Frank Jones DBA J & J Electric Company Obllgee: City of Des;con Type: Electrician's Bond Amount: $19000.00 The undersigned company, as Surety, hereby notifies you that Its above described bond Is hereby cancelled effective 30 days from receipt hereof and that as said Surety It shall not be responsible for any acts or defaults comrhitted or foss occurring after said data. Dated this 8th day of May Gulf Insurance Company' y-, Ll Linda Cra rford may-In- act cc: David KcCall Insurance Agency Plano, Texas 10=4 (10-74) i rt n C~ 1 1 •a • c, s a a rrte. r i IY! ~ Vlw N • O- J 1 A N 115.13''.-./ • Via ~ • ,s~f J_N• it • r ~ ~l 1YY1 'n • 0 d • • • rv 0 i jai •,1 m r of - ;Nm • -Jn~l JLr~J I £n£Ni • ease . ~ ' it ,c+~,.. Jn •M-,~'~ • i a ~A ~ ~ ~ e4J . EK + • 3ti - 61L dvi ( N - - • f~ c W "11 J~ • rN ' 1 m Y +s rrnnnrr C • 8458 r ~ - r' 1~ 4 • co ~d 1 1..f fir- - ~ - 1r ~•L • 1 ~ 0t } Ir. 1 ? i I; "4 I a it p 1 w ti s z r N ~I F7 If ROR--fl z - I A I ~U I 4 • I u CID _ I 0 CD 111 7 w • 4 r- jr _ 4 ; t tom{ r-~ ~ - 17 r7 aq i Sl = i 41 ~-jIlaJ~yl ' I 1. L `-WW h =1 t~ 1' )mot 111 I j 41• ,'I _1 ` , -`s -4~ 100 W ~'"`1t ~iN K i1 to .-lFO 39L m Q , Yom. 'q 'r7 \ ;'8'44 r 1 8453 N 5 ~F r 1 p t low < J rJ 0 Lr7 x F 7T 1M i , ~ Y • U • U flJo l co • \ ~i.. , • N 1 I'L f • }y/_ j%` , "ter 00 00 r LIM Y Zz rr CV) _ III f. +or_ r '!ICU . ' SV 1' >r rrr} ' G 'o. ws Al' ~rllil[1 I1 Illa(l~l• iJ iI.S Its .r• :+fttl~, . 1 l rl F` i , fi 1 Q.64 +1111, !t/%u~! Is u•=ril co 7~_rOrtiJ_r,. ~i F4F 31L 8453 8453 _ A tm- / ~ 1 I~~ ~ _ f~ J-rte - v e I~~,. Lr~ lei Ali e =S6 k ' f i. R 1 I NUINK ~ <5 v D u z v o Jm = -4 1 0 v't n x 111 O ~pl 1 m m m m zzl 0 Z, O I W I. l ~f m z f i AI t C2-4 T r <i 1 '-0D rn: In \1 Ai - . rzn -4°I~ 1 G`~ zj~ Vvr D i rn I I r - Q i to z ~ ~ i ~ ~i~\. 10 • •op, • • f• f • ~ Lf °452 Z • I, ' • i •a r •c b0 • Y2 • f b D D G7 m r r r r rn >r v,w , 3 z z n a a a p•. T D D M . 44y9 rn 9M svi i m t ' a > D z p G r / Y r 2 U I - • ~i Z I pll f. I~ 1 ~I I mob, D n -u tr:,~~ 04 rnplf Z, 0 rn: o z I I,• 01 rr, -110 I~~ of ' ~ ~~i•'~ • r • i i _ ■ m CD 0 O p O % r r-' D D a D G) m 3 W r r r r m r o o Z; I 3 z z a r a a 01 .__.J r.~._. v v v o v v D • x m m • CD A k • r O Z Z D y ° ti5b~ D ;u ?Z92 S% l 4 I~ •1 ~ x F a z z rn Zf~om m D R1 Z D CL n m to rrn o o x m Co -mv N C: 0 z D z Z 0 3 z m m t' z dd' I p l 1; I , • J. DOUGLASS TOOTLE TEXAS WATER QUALITY BOARD J. E. PEA VY. MD CHAIRMAN BEN RAMSEY • PRANK H. LEWIS % HUGH C. YANTIS, JR. VICE CHAIRMAN EXECUTIVE DIRECTOR HARRY P. BVRLEIGH 1_ IJ•'it PH. (5121 475-2651 CLAYTON T. GARRISON 1700 NORTH CONGRESS AVE. 73TOI P.O, BOX 13246 CAPITOL STATION 73711 AUSTIN. TEXAS June 12; 1975 P-DAL RE: Permit Nc. 10027-03 (Amendment) City of Denton 215 East McKenney Street Denton, Texas 76201 Gentlemen: The permit transmitted herewith is issued pursuant to your application and the Texas Water Quality Act (Chapter 21, Texas Water Code), and constitutes an official document vhich should be kept permanently. If there are any questions concerning this permit, please let us now. Very truly ou s, i G /000~ Hugh df Yantis~Jr. Executive Director Enclosure cc: TW~B District 4 J!, THE STATE OF TEXAS X AGREEMENT COUNTY OF DENTON X wHEREAS, heretofore on the 11th day of February, 1959, the City of Denton, Texas, acting by and through its duly authorized Mayor, accepted a license granted to it by a written agreement executed on the 3nth day of January, 1959, wher%ia the Secretary of the Army granted to the City of Denton? Texas, a license for a period of twenty-five (25) years, commencing on September 1, 1958, and ending on August 31, 1983, to use and occupy an area in Denton County, Texas, Garza-Little Elm Reservoir Project, for a public park and recreational purposes, reference to said license agreement being hereby made for all purposes to the same extent as if set out herein word for word; and WHEREAS, the United States Coast Guard Auxiliary desires to lease from the city of Denton, an area of approximately 150 feet by 150 feet which was originally leased to J. K. Hundley, d/b/a Hickory Creek Marina, and which has been released to the City of Denton so that that same tract can be leased to the United States Coast Guard Auxiliary for the purpose of placing a building for the activities of the auxiliary; NOW, THEREFORE, for and in consideration of the premises and covenants hereinafter set forth, and in accordance with the above quoted authority, the City of Denton, Texas, Party of the First Part, acting by and through its duly authorized Mayor, hereby grants to the United States Coast Guard Auxiliary, Party of the Second Part, hereinafter referred to as auxiliary, authority to place a 12 foot by 20 foot Morgan Building anda 10 foot by 45 foot Detroiter Pontiac Chief Office Trailer on a tract of land of approxi- mately 150 f°et by 150 feet, said tract being out of the property originally leased to J. K. Hundley, d/b/a Hickory Creek Marina, and which has been released by J. K. Hundley to the City of Denton for the purposes of this agreement, and, subject to the approval of 4 the District Engineers, Corps of Engineers, Fort Worth District. It is expressly agreed and understood that all of the terms, con- ditions, privileges and obligations incorporated in the license issued to the City of Denton, Texas, by the Secretary of the Army are as binding on the auxiliary as if they were set forth at length herein. This agreement is granted subject to the following conditions: 1. That the auxiliary is authorized to place a 12 foot by 20 foot Morgan Building and a 10 foot by 45 foot Detroiter Pontiac Chief Office Trailer on the property for a period of five years. The building and improvements placed upon the premises by the auxiliary shall be and remain the pro- perty of the auxiliary, and subject to such reasonable limitations upon use by the public as may be imposed by auxiliary, and may be removed therefrom by the auxiliary. Nothing herein shall be construed to prevent auxiliary from mortgaging or otherwise encumbering improvements placed by them on the premises to such extent as may be necessary for the successful operation by the auxiliary. 2. That the term of this agreement is for a period of five (5) years from the date of execution hereof, and that the auxiliary may renew this agreement for a term of three years plus until August 31, 1983, by giving thirty (30) days written notice to the City of Denton and the District Engineers, Corps of Engineers, Fort worth District, thirty (30) days prior to the expiration of the initial five (5) year term. 3. In as much as the auxiliary is leasing land from the City of Denton that was originally leased to J. R. Hundley, d/b/a Hickory Creek Marina, and which was released by J. K. Hundley to the City of Denton for the purpose of leas- ing the property to the auxiliary, the terms and conditions of the agreement entered into between J. K. Hundley, d/b/a Hickory Creek Marina and the City of Denton executed on the 7th day of June, 1960, are binding and the same are incor- porated herein as terms of this lease agreement between the City of Denton and the auxiliary. However, the provisions in that Concession Agreement pertaining to the concession activities in Paragraph Four do not apply to the auxiliary. A copy of that Concession Agreement is attt.ched and made a part of this agreement. IN TESTIMONY WHEREOF, the parties hereto have each caused this instrument to be executed in duplicate originals, on this the day of 6eptosr, A. D. 1975. CITY OF DENTON, TEXAS BY: TO D. JE T. R., 0 4 ' ATTEST: S ROOKS EMT$ CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: PAUL C. I SHAM, CITY ATTORNEY CITY OF DENTON, TEXAS UNITE ATES AST UARD AUXILIARY BY: M 0 :.1 C w; a 0 I 0 _I A !'r .:1 0, 1J, L 'j srj1,2'J'A , hor.:to^orc, on h:, day of ^ebruary, 19 ; , Ci+,; of D--m.-on, T',xas, actinZ b., and tiirourh its duly au'110:1iz;d Iiayor, aec pied a license Orantsd +o it by a written a~rutj,-z3nt exccu`•ed on 'he 30th d&-%r of Janjj,jy, 19r. 9, wh1r31n the o~ 1'110 Ar.^y -ran+od to the City of Denton, Te as a license for a period of twenty-fiv,: {25) years coTn:ncing on Septe^lber 11 1953, and andin" on Au.Tust 31, 19 3, to usa and occupy an area in Denton County, Texas, Garza-Littla z ~Zos„,rvoii project, _ for public park and recreational pizrposas, rafaronce to said license a-raosment baing haraby made for all purposes to +he same extent as if set out herein word for word; and, IM.R3AS, said agreement au+horizas tha CV-y of Denton, Texas, to enter into concession arrrae:mants with third parties providing noaded'servicos to the t public,, subjact to the approval of tho District Engineer, Corps cf1'nPinoers,, Fort Vorth Dis}r•iet; t For and in consideration of the premises and the covenants hereinatar sat forth, and in aecorda.nco with tho above cuoted authority, the City of Denton, Texas, partly of the.first part-, acting by and through 1.+s duly W-horized Mayor, haraby grant3 ! to J, K. Hundloy, d/b/a Hickory Cvac! idarina, of Lace Dallas, Denton County, Texas, party of the second pars:, noroinafter ro- forred to as "concussionaire", authority to oporato co:-r-,orcial activities on tho tract: of land set forth in said license a^r;v- ment abova reforrc;d to, which said tract of land is approxi.m+01y t I~ twon+y (20) acras in aria and is shown in groan on 3:;hibit ;1, attachod horoto and rrado a part- horaof, and, sub,1oot to +hu { approval of +ho District- n^inoar loo of Pol-1- E District, authority 1.0 u+iliza 011('11 11Urf-1on:+ of thu waf';e ur,,n f in thu nua+ llm-bor ad,jacunt to thj land iron huroinnbov;) vvC.,rr d t i to as are unclonod by broken ~rj,je) lLn,:s on +h: said A for cons+rt}n ion o= al.l+horiz-A ljoa' s' era !loa~~s, _as io anu o+a:r .13?',ii)L s+-ora"_ or s..rvi^. Lr- C.!1lL)"}.'iil , °or a f r:i o`_ +L7Ln+~'-}i~2': ' (23) ;;gars anc fo+t:' co;in.-n,In-- on +413 ls+ day of !.'a-j, 11,60, and ';n'4in` on the lls} day or Au"'t}o}, 17vJ, and h_,rcaf+~,r a'- such o•h-_r si+,.; or sit;.:; unG'Si' such +'u'i':1s and condi}ions, inclu;inr co.np•~nsa'~lon aaoun+s, payable +o +-ho Ci+-y of D nton, Texan, by the cone-.ssiona'.re, as may be a;,r,:od upon in the f,i`ure betw,Ien the City of Denton, To;cas, and th3 concessionaire, anycl approved in writ n~ by said District nin:cr of tho Corps of 2n~incers, Tort Ilor+h District; proviuad, bou;;ver, that should concessionaire raqulrc additional water area *Ior'fh of the araa sho'e)n on .chibit A and hareinabove referrad to, con- cessionaire shall have the right to utilize such additional wa+ar area required for developr)ent subZect to such terms and condition: as nay be agreed upon by +he City of Denton, Texas, and the con- cessionaire, and subject to tha approval of the District: EnSinser of thoCorps of Engineers, Fort, Worth District. Any' agreernent for the use of an additional site or sites by the concessionaire nay be aecor:plishad, in the discretion of t'ile' City of Denton, Ta:;as, either by supploncint agr3amont hereto, or by a separate concession agraomant, requiring the approval of th3 District nGinoer, This agreement may be renewed at the and of thc; license term upon such conditions as may be agreed upon by the parties. It is eaprsssly agreed and understood +hat all of the torus, conditions, privileges and obligations incorporated in the'license -issued to the City of Denton, Texas, by the Socratary of the Array, ara as. binding on the concessionairo as. if they 140re set forth at len,th h3rain. MAD agreoment is granted sttb,)oct to tho follouing conditionn : That the conco3sionodre shall pay to tllo Ci+y oC Denton, Texas, compensation for the concur:iorr privilo-as cin,ruotly authorized in a bura oquexl to Dix porcout (G,)') of ill,) irons incomo frow ul] of 1-ho businooo nporatfonn conducl•utl und6r • this l ..,;nt I;✓ :onr_ s Ion;tr i,l+.t, C Dollar :•lonth .o:• each r:nt;d bout cull, u'licii cuid l,l;,::;ntc s11:111 Lu U] -3 in t ;r3 !.nstalI'1 ntc, 0 ac?1 to :u 6uand pct;;abl, to t' Cit; Of on or b1--fori; t?`; ''Oth 4ay of th; cal ::,::a: :ionth folloui:i~ tllo last day of '•.arcil, Jun,, Scutt;:nbor and D cr1t)Cr of aacl-i ,::ar. "Gvuas ineo,^_." as h.u,An cufin d shall :roan th„ r' total r:;c:;ipts o' t;ls conc ,ssionw1-n-, the aiisin.;ss or:rat,ionc t r C0:7 u c t j J undJr {hi Q`;113c:Z ,t :9ith0"1t U[:Y 1'0a11 cif0ns whP, '.7 is t and shal.l_ i::cluas inco~,i3 _°ro:,i an Lu:.in--Ls operations of th. con- cossionalr- which r:ay be locat.ad on any private prop,rty ad- Joining or within on'3-1half :rile of tho concession ama dcscri'ocd in this air ::1cn*. ;"h-1 co nc;sssIona ii% shall ?_cL•p an accu:at. ~ 1 sat o'' boo'.ts which shall bo- open to i.^.~~ coon )y of?licial.s of t the City of Denton, Texas. at any and all raasonabla ti as. Tito r. concossionair.. shall also pay to th„ City or D°.nton.. Texas, on dcrland, any sum which -my have to be expanded after th3 aspiration, revocation, or tormination of this a~raclent in rastorin:; thi c • t pronises to as rood ordar and conwitton as A existin upon the date of com-,,me, :n.:nt of the tarn of thi.a &~ra:::3v'nt, da:ra'e beyond tho control of tha concassionair;:; and dua to wear and tear excoptsd. Co ,psnnation shall be :'lada payable to the City of Denton, Texas, and ^orwardod by the conc3ssionaira direct to the City of Denton, Taxas. 2. That the concossionaira is authoria--.6 to con,uct all con- :n3rc ial act ivit ias J n the l is cnsod ar.,a at such sits as ar.: .s:3acificd by tho City of Denton, T-.)xas, ar.d 3;oi7rovad in wri.ti.nC by the said District :3ne-inaor. That t11: sitas :.hall bo occup;..;•J and used by the concessionairo or his c'u.ly aut'ao,,iZQJ a;.•:uts, asst"noes, or transforoas sol•el° for the eonCiiot of buaf.n..ss In conn:,ction with r.:crouttonal clt;valop^1~nt of tho ar3n col' "~a iunural piiblio. '.;usinuas in connect tu;i • vulup.ni,int of lhu aroa shall ir,cluJ,.' Lilt 'lot l)Jc(,:JL11trj.ly 1),; •11ril.tod to the followinfv: 1 (a) R~ ntal of boats, motors and 1 •1 r ' ( VJ J J V~. eOU~L ~:.1 i'a :.l .r:i, I.':. .11 ~l•!'; I::vru, -1 J.•, ' lut:J Ii o_' Oats anU Cal'J3 C!n6 r.'Uiairs. 0'- t "oCar:i K:otor sal 1s and v . {f) ,11t OI I.,at C:2` SpG:tC .'sC!IIP".,i: W -ranSP0'-'tan t, oll o; pac-f r; Z's by Ito .t r.-for-hi 2' , e L {i1) ;'.~u':ul of :.oat stora; facil..;. s That r.a ~-o burL-ass shall be in a ran.n.,r satis- factory to the City of Dorton, TE.YaZ, co•1:!4r^in? on the effuctiv,e 6at:: of this instrv.:nant, an6 tb,:;.'aaftar Vat- con- cessioraira shall conduct such of th- p:,r:iitt;;d activities as tha Oityt of wanton, Taxas, shall at any ti!-2e spocify, 4, The concessionaire and the City of Denton, T3xas, r-utually arroe to provide Improvac.snts in accordanc,: with'thi~ sch,~dul3 set out balow and of a quality aquivalant to the astinated values iniicatt;d. (Identity and location of inprova;ncnts, roads and parl,in- areas confor,l to 21xhibit a, which is incorporated ' harein as a part of this a`rce,7ent, 3%hibit A being a plat or :nap of the pmnis.as; provided, ho,ravsr, that concossionairo shall have authority to arrango th3 boat stora-:; stalls shoi-a) on said !::Jiibit A for th:. maxi.-nun convQnienca of tha visiting public and th3 concessionaire's basin--ss op,;ration3.) t ''I ASS' ?TV ~ ; l ? F I3S'T Y3A,~ (;y the City) I V-2 1 110 SC UP'r?0", 1. Provide ?Zinn (9) picnic tables ,20.00 ua. 130.00 2. ?'sintonancs of .;:cistinL-5 facilil'i~s provid;;d in concession area by Covuro i.nt 300.01) TOt11lL: 1;U )~i_~j ~ FIR3i' Y3Al (:y Concessionairo) 1, Install four boathouses with a capacity of fiftccn (15) boars each ti:150J00 par boalhous- V60,00').00 2. Clearing and other improven:,;nt of concession area for access purpos-,s 1,000.00 3. Install suitable office facilities on con- cession si'o 4950).00 4 Install Gas doe:: 1,500.00 .5. Cons+ruc` -^oad 11o. 1 as shown on '3xhibif A from the e;fisting graval road cons+rue'-ed by the U.S. Corps of Enginaars `o Pa:'l:inG Area Pio. 2 as shown on the said ; ;:_iibit A 10500,00 6. Construct Parking Area No. 1 and 2 of a size { not less than 7,500 square fa-± aach, said , parking areas being shofin on A atfaehed here*o, and Sraval par;~ing areas, 700.00 7. Provida potable water supply sysfem.. 3,000.00 • r S. Provide sewage disposal facilities sufficient } for the wort: forces and patrons of the con- t: cossionaire, 1 500.00 ttF T0'AL: 3,70 ,U SECOND YEAR (By the City) j 1. Maintenance of public use facilities. 300,00 - 7'H TOTAL: f-7, SECOND Y3A3 (By Concessionaire) 1. Install two (2) additional boathouses with a capacity of fiftoon (17) boats each y15,000 per boathouse ;300000.00 2. Install -aarina repair shop and marine rail- way facilities 10,000.00 TO'T'AL: 7T0;~73'.~0 '111IRD W? (By the Cites*) 1. 11aintonanco of public usu faciliti.os '~Ok-).00 TOTAL: 3~? 3 M1I11D Y3AR (i;y Conconsionairo) 1. Inatcrll two (2) additional bontltoasJs w7.t•11 a capacity of fiftoon (15) banks unch :;15,000 por bonthouau r za I, -TAT -D D s3CitIY'iIG1r ~L':Ctf ~liS Iti':tt 110. FCURill Y:4':1R (3y ULU City) - ir10,,~7 1. ;!ainteaanc.: of puiifc ucu facili}ieS101AL. FOUR-?1 Y:AR (13y Concessionairo) 1. ?nstall }wo (2) additional b-W-houS_ls a capacitor or fif+3".n (i5) boats caoh 30,000.00 w15t000 per boathouse 2. Consfruc* and place infornai-ional arc) 100.00 directional signs TO'.AL: 77, 7u• FIY~H T.3AR (9y the City) 00 1. Maint-nance of public use faciliticsn ~y 10 1 O TAI, . F'IF111 YEA' (By Concessionair a) 1. Install two (2) additional boathouses With a capacityof fif}aen (15) boats each 309000.00 ^15,000 per boathouse 2, Extend Road Yo. 1 as shown on Pari ibArea from Par..ing Area :1o. 2 No. 3 and construct Parking Arsa 110. 3 1. 500. 00 to a size not less than 7,700 square feet TOTAL:,50J•' S^ COND FIV3 Y JARS . • i (By the City) ~ 1, Maintenance of public use facilities l OO.OQ ~riAL, .0 (By Concessionaire) t 1, Construct gravel walkways 600.00 20 Install three (3) additional boathuus,s with a capacity of fifteen (15) boa+-o each ,00 1. $15,000 per boathouse TOTAL: irM, o7n 101T.3D FIV3 Y2ARS f (By the City) l r 1 X500, 00 1. llaintonanco of public use facili+'iusT01:4T.: i. (By Concessionairo) additional boal-li isus ' 1. Install 1111 J0 (3) 4+ith a capacity o. n fi•f,uac: (15) 1)0-0.0 each 1'fi, +1t~~~,~u~ Q y l j,000 11 )r boa lirms0 g'01'ALso i'71~ u jet; ut3 't 1 ,s ~ i;; A. (By the Cit.") 1!'ain' unanc o: pu?l is use facil.i}i:s iL"i?1L: r ,~:J.uv (By Conco53ionair-n) I '~oahou^ea` ch 1. install i il:•~e { 3) additional with a cnnaci*f of 1'ift n (1>) oa $45,000.0.0 ,T17,000 pc r boa{house _ 1J0, 24 Construc} an6 place divactional siu7ii0'i3L: l V) (By the C i':3 ) 1,>00.70 :~aintenancr of public usa facilities (By Concessionaire) each ellith Install two (2) additional boats boathous3s a capacity of fifteen (15) 0 000.00 $15,000 per boat TOM: G U i. . ri •Ti • >7 G ' 1~~ •ti C a ley a . 1 .+3•, Y, w 14 f 5 All plans and locations for buildings and/or structures to be,placed upon the promises or any subsequent alterations ; therato shall be appvocad in writin, by the City of Denton, Texas, and the District ?nginoor prior to cc7!ncncemcnt of + construction by the concessionaire. All buildings and struc- tures placed upon, the premises by the concessionaire shall be ' and rernain the nronarty of the concessionaire, and subject to ' such reasonable limitations upon use by the public as may be imposed by concessionaire, except as otherwise provided in Condition No. 22 below, and may be removed therefrom by the concessionaire as provided in Condition No. 22. Nothing herair, shall be construed to prevent concessionaire from mortgaging or otherwise encumbering improvements placed by him on the promises to such extent as may be necessary for the successful s_ operation of the concession by concessionaire. b. . That the prices to be charged for morchandise.and rented equipment shal,bo subject to the approval. of the said Cif of Denton, Texas, and the District Engineer, and a sehodule of such prices shall be submitted to the said City of enton; Texas, for its approval prior to comcicne.ment of operations. The concession- acre shall, at all times, keep a schedule of such prices posted in a c_onsnicuous place on the occupied premises. 7. ghat, the concessionaire shall comply with all Federal laws and regulations and with all tho laws, ordinances, and . regulations of the state and comity wherein the said demisod premisos are located with regard to construction, sanitation, licenses or permits to do businoss, and all othor matters. • 8. That any and all taxos which may be lawfully imposed by tho stato or its politioal aubdiviaions upon tho proporty or business of the conoossionairo on tho said promisor shall bo paid promptly- by the oonoossionalro. 9. 'chat the concessionairo shall not hnnt'or trip or allosi huntin- or trappin on the said prenis;s. - I .14. That tho concessionaire shall not sell, store, or di-coonco, or porri:t the sale, stora;;a, or dispansin~ on the said prc:lis,s of any alcoholic bovern^as, except bear inhere le-ally authorized and than only af`.er reeaipf o° writt.Qn approval by *h•: District Enc-in:er, or p-.resit to be installed or op:;ratcd any device or conduct any activities thereon which, in the opinion of i the City of Denton. Texas, are contrary to -oou morals or are oflz3rwisa ob,jectionablo. 11. ,hat tho concessionaire shall not permit or suffer any offensive use of the said premises, or the coninission of waste thereon, shall not cut. timber or native shrubs oxeept as approved in writing by the said City of Denton, Texas, and the District 3ncineer, shall not conduce: mining operations or drill for oil or gas upon said area, shall not roraovo sand, gavel or Yindrad substances from the grornd except for i^i- provement purposes, or shall not in any runner subs!•an`ially = chanf-a the contour or condition of th-- property unless approved in writing by the said City of D3nton,3;,as, and the District Engineer, but the concessionaire may salvage such fallen or dead timber as may be required for use of firewood. ilia ooneessionairo shall keep the aroa in good order and in a clean, sanitary, and safe condition, and shall at all ticies maintain all structures and equipment in a condition saris- . factory to the City of Don'on,~i'oxas, and the District :nginaur. The concessionaire shall also be rasponriblo for tho romovnl of all rofuso, litter, debris, otc., Witch may rosult from etc operations. 12. Mia► the concaeaionuire shall noithor trnnsfoi• nor assigi) k t1116 arrioraont or any privilugon tlier~tlnd~r, nos tiny intorool % f, H lAl ,30 V'il In coollo111 it ~'i. 1.~.+, l11 wl l h l llln I11*1'~. •1 -I :111 lit 111(1111 s1 1 11c111 in VWi1' 1nC fro:,l said City of Don+•on, '1.)Xas, and tily uia*ric+ 13. That there shall be no unrcacona-11c fntor urenc:.- with navi`etion by +-ha c:;ercis3 of the Privil-I h,:rcb;; -runluJ. That no atte::o+• shall be .-iad•3 by the concossionair; to forbid the full arc frees use by the public of the wa*(;r ar3as of the ros_arvoir or tha public us-- ar.:ac that :,lay be davelop-;d upon the said p1,J- isss in accordance Frith the purpose and -intent of that Ae+- of CoaCmnss approvav 22 D ceriber, 191: 4 Stat. 537) as am_-need by the Act of Con.-^ess approved 24 July, 1946 (60 Stat, E42; 16 U.S.C. 460d). 15. That if t'ie display of limits and signals on any work heraby authorised is not otherwise provided for by late, such lights and signals as may be prescribed by the District Engineer of the 'Ores of Engineors of the U. S. Ar'my' shall Y bo installed and maintained. by and at the expense of the concessionaire. ' 16. That this agreonont may be terminated by the concessionaire ai: any time by giving thirty (30) days' notice in Writing +o j tha City of Denton,,Texas, provided that, in case of such termination, no remission by the City of Denton, Texas, oi' E any rental thoretoforo paid shall be inade. 17. That the use and occupation of the promises shalt be subject to the Eanaral supervision and approval of the said City of Denton, Texas, and to such mlos ane rc£ulations as may be prescribed by it from tim.3 to time. r la. That the riC)it is hereby reaurvud to 1-ho City of Dun*on, ;Texas, and to the United Stator, Ito officers, aronts and ` employoeo to untur upon tho said prowio+ra nt any t irt,1 for , If } insp-ction c:r,d for nny ~»irnGC~ nuc 88e7'1 or convuoi::n+ in : wor':r, 4-O r.; ^oti t:i. rs l'ro:~ * iat ~sr Conn ction ti+i h Ov in'r n or o+h.r :~a' r iLl, rc p} prop,r+.- or +iZV conck)suionairL r--- quir.d or ncc.;ssary for such wor:~, `o „•:11 and ro:novo m rchccnfi- ' +imbar tn:•refro:n, t0 floOd tSl: pr,: jis::s w~k.,Inc ur n.iC:SS:1? , , a ~1 +o :^.c+nipul^` the l_v<:l of +h', rasurvoir or pool in any mane-Jr wha+soover, and to draw dean +he r„servoir or pool to aiiy sf:- tant at and ti:~~, and +he eoncossionairs sh~:ll have no clul^l } th. ~ for da.nagas of any character on account- +hcraof a~ains t City of Den*on, Tara::, or the Unitsci Stares or any officer,' aGent, or -:'lployce thereof . t 19. ! That tho right is hareby reserved to the county and stato and the United States, its officers, agan+s, and em- ployees, to construct or to parmit the construction of facili- r ties suitable for communication, elaotrieal dis*ribu'-ion or transmission, water supply, sawarage disposal, access roads, and si:ailar purposes on the premises, and the concessionairs shall have no claim for compensation or damages of any character on account thoraof. 20. That the concessionaire shall b. responsible for any damage that :nay. be causod to property of tba City of Den+-on, Texas, or govarn.nant property by the actiiities of the con- cessionaire undor this agreement and shall exareisca due dill- f genre in the protoction of all improveman+s, timber, and othar proporty of the Ci+y of Denton, T,3xas, or of the United States which :nay bo located on the said promises against fira or dama e from any and all o+har causes. 3 21. That naithar the City of Dun"on, Texas, nor tho Uni+vd •,rt. or in jort.s Stutes shall bo responsiblo for da~nagas i.a prop. y I, to portions which may ariso from or bu incident to the w o rind b oeaupakiou of ttio said promises, nor for du~'►.•]~us to +ll~~ pr~'pvl'ty ~'I -`of ~ the ooncoeoionairo, oi~ for in furiun to the pu~~hun of tft~~ ya. ii ski aZ{y~ft%i,~ 'Tr l '.l : r~ r ' cone GB1.orra'_r.o, oi, 1'or 6tt-aa":;s to th, prop•:rt;;• or in,juri.,s ~ }o *he p~;rso, of +!:c: co:i(;.:ssionair.rs o1':tu:rs, u gun}s, Sul,- vants, or .ti,lo; acs, or o`h::rs who may t t. on said pr<::a13o5 at their invi+a4-inn or +lo invi}a+loo of any on., of arizinz from or incidant to '-he floodin7 of the said pranis_s by the -ovorn^..n+ o" flooHner from aoy other cause, or arlsin- fro-t or incident }o any other Gov rn.nantal a:*ivity; and the con- ecssionuira shall hold tha Ci'y of Doanton, Texar,, and th, United 3tafe3 har.nless from any and all such claims. 22. That, on or before the Antra of expiration of +his a-rae- ment, or its termination. by +ha concessionaire, tha concessionaire shall at the concessionaire's cost vacate tha premises, re^tove tha property of the concessionaire tharafrom, and restore the premises to as good order and condition as that existing upon the data of co:a^tence,mant of the fermis of this agreement, damages beyond the control of the concessionaire and due to fair wear and tear excepted. If, h odever, this aSraamant is revoRed, the concessionaire shall vacate the premises, remove the pro- party of the concessionaire therefrom, and restore the premises to the condition aforesaid within such time as +he City of Denton, Texas, may desirrnate. In either event, if +he con- cessionaire shall fail or neglect to rn:ove the property of f the concessionaire and so restore the premises, than, a+ th3 option of the City of Denton, Toxas, the property of the con- ocssionaira shall either become tha property of the City of Denton, Toxas, without compensation therefor, or the City of Denton, Texas, may cause it to be removed and the promises so to be restored at tha expense of the eoncassionairo, and no claim for damaras arains* the City of Denton, Texas, or its officers or a-onts shall be croatod by or tiadc- on account of such removal and rostora+ion work. 23. That if morn than ono individual is named in this arruu- moat, tho obligations of said individtial© heroin containod . r~: E } i i shall be joint and several obligations. 24- Notice shall be doomed to have been duly given if and when enclosed in a properly scaled envelope, or wrapper, addr:ssed and deposited postage prepaid in a post office or branch post office regularly maintained by the United Statss # Government. 25. This agreement may be revoked by the City of Denton, Texas, upon the happening of any of the following events; (a) Non-paymsnt of rental. (b) A breach by the concessionaire of any of the material terras or conditions of this agreement, which shall not be corrected by concessionaire within a reason- able time after notice of such breach. (c) Termination of the Department of the Army license. 260 That the concessionaire will fully identify and save whole and harmless the City of Denton, Texas, from.all claims I E or cause of action against it that may arise in connection } with the maintenance and operation of the entire premises, i which include all areas included in or adjacont to, and used r in connection with, any facilities constructed at or beyond ' the shoreline of Garza-Little Elm La'_ce, and that, prior to commencing operations under this agreement, the concessionaire will obtain from a reputable insurance company, acceptable to the City of Denton, Texas, and carry liability or indemnity insurance so indemnifying the City of Denton, Texas, providing for limits not less than 4wenty-five Thousand Dollars ($25,000.00) per person in any one claim, and an aggregate limit of Fifty .r Thousand Dollars (Y50,000.00) for any number of persons or olaims arising from any one accident with respect to bodily injuries or death resulting therefrom, and/or damage to property suffered or nlleged to have boon nufforod by any pornon or persons resulting from the operations of the concessionairo under tho terms of thin agrootaont. ~7 . That the ,onecsrionalra shall isja+:all an::/or Maintain water supply s'•-stem, aduquato toilet an:: waste disposal facili`ios for th:; visi}inl: public, plans for such £acilitics and sito locations shall be r.pproved firs` by the Stata De- partrzcnt of :ioalth or its local au`hor=zed reprosentativa, and then sub;ni4-ted to the City of Denton for approval by tho ` City and the Corps of nginears. Approval of the plans shall i• be furnished the concessionaira bafore construction is started. 28. That the storage, display or salo of firawor'cs or ex- plosives on the promises is heraby prohibited. This constitutes the antire agree-went between the parties, and all previous agreements are either merged hsrain or ro-' saind~d. III TESYIf•1 l'fy vartam vj the parties hereto have each caused this instrument to be executed in oiiplicate.originals, on this the day of J11n1 A.D. 1960. CiiY OF D.L1,1110:•T, 'A' ;PkS y, ,.ayor city 3:,crotarY APPRO As 40pall, 'OM: jr'A 3.•]C, Huncloy, d/b/a H IC!; O:ZY C : : ` !2I1T • ~ 1, . J. linuu u i ~t.r♦ . _ i .mil ,s I ~ r. ~i I~ • 1z j fk' A' n ~ Y -r c b- L, t.. s: r • E G o m R 7 H a n ci nd~ Q[3 M =r ~ - '7 5 Hc ~ d, w n ¢ r't< H n O r ~ O ~ ~ M N S n C 3 ° a a~ w K C ° C D 0,0 0 5 m 7 t L =r ~ m c a c.a T ° vc rD o ~ o n . a"o a z Z r9 N 3 N t-0: -0 x 1 H D (p x d G n 1 r a ;ate c ; z 0> gi ea to ° ab N ri y ~y O C t ° O >x M P n r oa ~ 0 9; n a^~ ar o tsS < r al 0 N 1 ~ t~ ~ ~ - 1 o H < o 0 m 0 1 7 1 r x r M° 1 n >r H v vi .a 1 1 r r~ ~f x ` rn , 1 H O y' c f! W 1 C o cr ? l./ K i\ r'0 " n 4A T7 M H N g ° w o D m co A < m `D y' C it IJ ' 7 K n 7 S v R.7 m L1 t A y k It ~,~~'i Z n a, m v C 3 Ali,' C, ~ L oy ~ ~ , j y;J n G S f C ~ ~ j~ r n r- ~c+- r, o s~ I' ; - - - . _ t voi 754 PAGE 424 '3 - THE STATE OF TEXAS, KNOW ALL MEN BY THESE PRESENTS: I COUNTY OF DENTON DEM RECORDS i THAT Don E. Hickey and wife Sybil Jane Hickey 1.2900 of Denton County, Texas , in consideration of the aura of One ($1.00) Dollar - - - - - - - - - - - and other good and valuable consideration in hand paid by the City of Denton, Texas receipt of which is hereby acknowledged, do by these presents grant, bargain, sell and convey unto to the City of Denton, Texas ,the free and uninterrupted use, liberty and privilege of the passage in, along, upon and across tho following described property, owned by us . Situated in Denton County, Texas, in the A. Gibson Survey, Abstract No. 498 Description to a 14 Foot Drainage Easement i All that certain lot, tract or parcel of land lying and being situated in the A. Gibson Survey, Abstract No. 498, Denton County, Texas, and being a part of Lot 15, Block "A" Montecito Addition, Plat Recorded Volume 4, Page 17, of said County Plat Records, sane being tract con- veyed from Robert Nichols to Don E. Hickey and wife Sybil Jane Hickey, t dated February 18, 1971, Recorded in Volume 616, Page 602 Deed Records k said Denton County, and being morep particularly described as follows: BEGINNING at the Northeast corner of Lot 15, Block "A" of said " Montecito Addition; THENCB: South 00 23' West, 14.0 feet to a point; `i THEXCE: North 890 37' West, 250.0 feet toa>point; t THENCE: North 00 23' East, 14.0 feet to a point same being the Northwest corner of said Lot 15; THENCEt South 890 370 East, 250.0 feet to the PLACE OF BEGINNING and containing all 3.500 square feet of land. IN THE EVENT OF ANY ABANDOMENT OR FAILURE TO Ute THIS EASSMBNT; ALL RIGHTS GRANTED HEREIN SHALL REVERT TO DON E. HICKEY AND WIFE SYBIL VANE HICKEY OR THEIR SUCCESSORS. i And it is further agreed that the said City of Denton, Texas in consideration of the benefits above set out, will remove from the property above described, such fences, buildings and other obstructions as may now be found upon said property. . For the purpose of constructing, installing, repairing and peretually maintaining public utilities in, along, upon and across said premiaea, with the right and privilege at all times of the grantee herein, his or its agents, employees, workmen and representatives having ingress, egress, and rearm In. along upon and across said premises for the purpose of making additions to, improvements on and repairs to the saki public utilities, or, any part thereof. This grant is additionally subject to the provisions appearing as Exhibit "A" annexed hereto. TO HAVE AND TO HOLD unto the4aid City of Denton, exas as oresaid for the purposes storessid the premises above described. Witness , hands , this the ,27'0%day of )tt ht 7I. I i SINGLE ACKNOWLEDGMENT [VQt 754 PAGE 426 THE STATE OF TEXAS, l BEFORE MF, the undersigned authority, COUNTY OF._-.._.. -OENTON f in and !or said County, Texu, on this day pea socially appeared.- DON E. HICKEY and SYBIL JANE HICKEY kno.N n to me to be the yyeon_S-whose name __S - -Kqubscribed to the foregoing instrument, and acknowledged to me tha't-.t_ hey execuW-$e same for the purposes and consideration therek :xpressed. GIVEN I1NOV4HAND AND SEAL OF OFF CE, da of June , A.D. 19 75 ~C11t~ ``r Not9y Public, --Dent County, Texas My Commission Expires June 1, 19 77 7. SINGLE ACKNOWLEDGMENT THE STATE OF TEXAS, t COUNTY OF BEFORE ME, the undersigned authority, in and for sale County. Texas, on this day personally appearel _ known to me to be the person ,.whose name--..- subscribed to the foregoing Instrument, and acknowledged to me that,_he-executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This- i .day of A.D. 19 (L.S.) Notary Publie, County, Tax" Ms rommisaion Fzplres June 1, It _ CORPORATION ACKNOWLEDGMENT THE STATE OF TEXAS, BEFORE ME, the undersigned authority, COUNTY OF.. in and for said County, Texas, ola this day personally appeared known to me to be the persan end of leer .rhoze name is subscribed to Oe foregoing instrument and acknowledged to me that the same was the act of the said a corporation, and that he executed the same as the act of much corporation for the purposes and consideration therein expressed, and Jr. the capael',y therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This--___.--.., day of _ . , A.D. 19 (L.S.) Notary Public, Texas My Commission Expires June 1, 19- CLLRK'S CERTIFICAT'.; THE STATE OF TEXAS, county r, _ . COUNTY OF _ 3r7,rTE~n~p~_. ('lerk of the County Coart of sold County, do hereby certify . 19 . that., teeth its foregoing f tptut~ rug dated on the at I da of...__........._.......... L 4d il Sigwx 4j I)Is* record in my corded this .oRkeon da of._.. dayot.......Y D.119......._.tpa~.~nCpNo4rr,114 A!aT~~p_"~pf re . r , ur4 r~crmy~v~ _____._._-.-.Records of avid County, in Voiume........__....... on p~~2t,¢4e~~ i aqtoo WITNESS MY HAND AND SEAL OF THE COUNTY COURT of said !'aunty, aPb ce ir<.. 4UC--Y'q.. _y the day and year last above °a. v H--- County Clerk .._..._....~C-_...._„...74 F ~ i ~ 2Z' C~'~ 7 •G~ ~l{y S~•~ 3~ r•~ ~ ' a 44 a THE STATE OF TEXAS ) } KNOW ALL MEN BY THESE PRESENTS: County of Denton ) DEED RECORDt THAT NATIONAL MORTGAGE CORPORATION OF AMERICA 13012 of Denton County, Texas, in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration in hand paid by the City of Denton, Texas receipt of which is hereby acknowledged, do by these presents grant, bargain, sell and convey unto to the City of Denton, Texas, the free and uninterrupted use, liberty and privilege of the passage in, along, upon and across the following • described property, owned by it. Situated in Denton County, Texas, in the Daniel Culp Survey, Abstract No. 287 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 Daniel Culp Survey, Abstract No. 287, and being part of Block 8 of the Northwood Addition, Eighth Installment, an addition to the City of Denton, as described by plat dated May 31, 1973 and recorded in Volume 9, Page 29, of the Plat Records of Denton County, Texas and more parti- cularly described as follows: BEING 5.0 feet on each side of a c3aterline described as follows: BEGINNING, at a point in the Easterly line of Old Orchard Lazie, said point eing the most Northerly corner of Lot 12 and the most westerly corner of Lot 13 in said Block 8; THENCE, S 440 45' 19" E, along the common lot line between said Lot 12 an of 13, a distance of 139.98 feet to the end of said easement in the Easterly Boundary Line of said Eighth Installment of Northwood Addition. And it .s further agreed that the said City of Denton, Texas in consideration of the ienefits above set out, will remove from the property above described, such fences, buildings and ather obstructions as may-'now be found upon said property. For the purpose of constructing, installing, repairing and perpetually maintaining 'public utilities in, along, upon and across said premises, with the right rnd privilege at all times of the grantee herein, his or its agents, employees, workmen and representatives having ingress, egress and regress in, along upon and across said premises for the purpose of making additions to, improvements on cad repairs to the said public utilities, or any part thereof. TO MVE,.AND TO HOLD unto the said City of Denton, Texas as aforesaid fo.r•.rk~ ~pui¢' Ses, aforesaid the premises above described. arc _ .'i W;itn~ss):our hand, this the 24th day of Jane , A,D,,197S-- AT1" T; 5NATIONAI~f RTGAGE CORPORATION 0 AMERICA 1.1 W ra or •n"' op s, ss stant ecretary - iva 754 15 SINGLE ACKNOWLEDGMENT t va 754 PAGE 616 THE s'rATE OF TEXAS } BEFORE ME, the undersigned authority, COUNTY OF DALLAS ) in and for said County, Te_•as, on this day personally appeared Robert H. Hopkins, Jr., President of National Mortgage Corporation of America known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, and capacity therein stated. ,ATV, ,N UNDER MY HAND AND SEAL OF OFFICE, This 24th day of .Tune X'010, P i97tr' r' Notary Public, Dallas County, Texas K•~.`.My Commission expires June 1, 14 t, •r L -r _ _I THE STATE OF TEXAS CONSTRUCTION TESTING & INSPECTION CONTRACT COUNTY OF DENTON 0 This Agreement made as of this day of 1975, be- tween the City of Denton, Texas, a Municipal Corporation of the State of '1Nexas, hereinafter referred to as Denton, and Trinity Engineering Testing Corporation of Dallas, Texas, hereinafter re- ferred to as Trinity, WITNESSETH: WHEREAS, Denton is engaged in the development and improve- ment of McKinney Street and Bell-Blount-Industrial Streets within the city limits of the City of Denton, Texas, and will let con- tracts within the near future for the improvements of said streets; and WHEREAS, Denton desires Trinity to perform construction testing and inspection services on the street improvement projects in order to monitor the construction by the contractor to be selected; NOW, THEREFORE, for the reasons set forth above, and in con- sideration of the mutual covenants contained herein, it is hereby agreed as follows: 1. Attached to this Agreement as Exhibit A is a letter dated April 1975 from Trinity Engineering Testing Corporation to the City of Denton quoting fees for individual tests and inspections service necessary for the construction of the improvements on McKinney Street and Blount-Bell-Industrial Streets, 2. Denton agrees to use the services of Trinity for the testing and inspection and Trinity agrees to charge the fees for 'testing and inspection as set out in Exhibit A. 3. Denton will have the exclusive authority to determine the number of tests and inspections to take place on the construe- tion projects, w:d Denton will also determine the location of said tES,ts and iner::otions. E , le i 4. Trinity will provide all labor, material, equipment, and supplies for performing any of the tests or inspections authorized and requested by Denton. 5. Trinity will submit a monthly bill by the tenth of the following month in which servic:s were performed for those tests conducted during chat preceeding month. Denton will pray Trinity ,rithin fifteen days after receipt of the monthly statement. 6. Either party may terminate this contract by giving a thirty day written notice to the other party. 7. This contract will be enforceable in Denton County and venue will lie in Denton County, IN WITNESS WHEREOF, this Agreement has been executed at Denton, Denton County, Texas, the day and year first above written. CITY OF DENTON, TEXAS BY TOM D. J ST , A R ATTEST: CITY OF DEN N, TEAS BROOKS , CITY SECRETARY 96 CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: FAUL C. AM, CITY ATTORNEY CITY OF DENTON, TEXAS TRINITY ENGINEERING TESTING CORP. BY:~ ATTEST: `r v v .'J 1. 3 !i1 i ~ . ,_i k v ~ '.o ~ ~ ~ . i ~ h ~ ~ d t~ . t _ , h, fr ~ ~ , 4 ~ . r r ~ ~ by ~ r) 1, a i ~ - , ~ , ~ . i 3 _ . , i ~ ~ ~ , ti~ ~1', tt C ~ f, k~ ~ _ a 'K _ i.'i ~ .,4 . ~ . t THE STATE OF TEXAS z l VOL 7~G ma 670 COUNTY OF DALLAS BEFORE ME, the undersigned authority, on this day personally appeared V,,~~ , President of TEXAS POWER & LIGHT COMPANY, a corporation, known to md'to be the person and officer whose name is subscribed tc the foregoing instrument and acknowledged to me that the same was the act of the said TEXAS POWER & LIGHT COMPANY, and that he executed the same as the act of such corporation for the purposes and consideration therein expressed, and in the capacity therein stated. {~~~N UNDER MY HAND AND SEAL OF OFFICE thisk day of ~t4 19750 4C. f All `lye, O „ r, Notary Public in and.,f r ti Dallas County, Texas WAN DA CIrMGUAH, ~ Pib& b~Vu Coamh. Tau ' e yy tt , N r v Ir ~ ► ~1 r ~ lf ! 1-, 4. . I T 2- f. ' ~ sS,! .'i tp* it . i , ,1f ~I y y, i. y,, r I , 14 ~.s i EXHIBIT A TEAL RECORDED GRANTCR EASE#ENT NO.' DATE VOLWIE PAGE T. H. Chapman -4870 7-27-27 216 - 227 S.A. Bayless J. T. Bayless Grace Bayless Wright Star Bayless Crow Wright 4868 7-30-27 216 231 J: G. Boyd 4869 7-22-27 216 238 0. R. Clark 4871 7-22-27 216 234 Boone Daugherty 4872 7-29-27 230 216 J. Be Duncan 4873 7-28-27 2i6 22L. R.-H. Hoffman 4874 7-29-27 216 229 J. A. Mounts 4875 7-23-27 216 225 H. Stiff 4878 7-29-27 21.6 257 John R. Kibler 11982 7-15-27 230 332 R. L. Arch 4090 11-16-27 215 .554 f. Radons 4899. i1-16-27 214 5505 A. Co Sullivan 1y902 II-16-27 214 5501 wi 1 I Mai I I.I "s 4904 1 (-16-27 215 553 Do_ A. McAath _ 96563 6.12-48 336 521 .Acme Brick Co. 96727. 11-14-49 355 172 G. E. Iran 96736 12-3-49. 355 600 '6. E.•Inasn 96918 9-17-51 372 452 R. 0. Woodson 122(`64 Ii-3-59 453 80 w. H.,8entley 23619 5-5-36 262. 172 Wo T. Evers 18620 5.5-35 262 168 Miy Hill School 23623 5-5-36 262 169 8. M. Williams 23626 5-22-36 262 80 0.'R. Carlton 2;6r~ 12-14-36 264 149 r - va 756 YAu 671 Page 1 of 2 ti LVOL 756 eAGE 672 TP&L RECORDED GRANTOR EASEMENT NO. OBE VOLUME PAGE Pe As Muck 23678 12-14-36 260 416 Frank D. Sutton.Et Al 23680 3-18-37 264 147 w. I.. Hunter 23838 1-30-39 276 136 W. H. Sent-ley 72596 1.16-45 316 10 8. H. Williams 96393 .3-20448 336 540 James F. Hammett 122150 3-29-61 468 6755 James E. Angel 122154 5-5-61 470 15 Leroy Barber 122155 5-5-61 470 17 James F. Hammett 145483 6-13-69 593 275 A. C. Crouch 23676 12-14-36 264 154 M. T. Gessling 23677 12-14-36 260 416 Ce Emily Aercer 23679 12-29-36 264 153 Bob Thowuson 23681 12-15-36 264 151 A. C. grouch 23882 9-22-39 281 368 As Ce Crouch 109749 10-27-55 419 79 •A:.C.. Crouch 1041 l i-18-58 443 523 ,Harold E. Harmon 136880 3-27-67 549 663 Harold E. Harman 122197 1-31-62 477 598 Page 2 of 2 c _•Lo. ' - 'Vi'i ( r L r SOL ,A C h N oi ~r I (w M m r L f ♦ Ile wro Wi r1F O~ °01"'a sa ie a- t I ~ ♦ ' : L/f fie' (P ` Clet v d3S } sdtip;sestt~l'tn~ooy~Qp { 3P+~a' i e~D~ etoJ qJa 2l~ N~ myq1yI u! paglo'a = `'r:~ iul4nPe;'~Pue.cl~n•a~p9 nsWlWssKP ce Del r~svn,ru~ s,:g yc4y l~; Va 4v'84 1 C`* uaoa K Alwrw tall /+~N~S ~ ~ # 31VLS f a . ~ r 4 C/ Jf,. i _ S f i i YI ! . f y , oo; cX • ti ' { o '~s p• Z k f ti s' 4, 14 . L 1, f `I l a ili ~ i 4.4 " CITY OF DENTON TA! FROM: D DAT FOR YOUR REVIEW TAKE APIATE ACTION FOR YOUR INFORMATION PLEAS PAKE DRA EPLY FOR COMMENT & RECOMM NDA ON PLY MY BEHALF PLEASE DISCUSS WITH ME PLEA TURN REMARCS: i IV F~v • e i STATE HIGHWAY ENOINKCR COMMISSIOP! H. L. DES[RRY REAGAN HOUSTON. CHAIRMAN TEXAS HIGHWAY DEPARTMENT DEWIrT C. GREER p.0. Box 3067 Dallas, Texas 75221 CNARLES E. SIMONS May 5, 1975 IN REPLY REFER TO FILE NO. Urban Area-System Map Denton Mr. Jim White City Manager City of Denton 215 East McKinneY Denton, Texas 76201 Dear W. White: Attached is a print of the Interim Federal-Aid Urban system and Urban Area Map for the City of ;,enton as approved by the r Federal Highway Administration March 31, 1975. ibis is for your information and files. Ymzs very truly, John G. Keller District Engineer Attachment I I IrW A-F-F-I-D-A-V-I-T COUNTY OF DALLAS STATE OF TEXAS In accordance with a Resolution passed and approved by the City Council of the City of Denton on the 1st day of April, A.D. 1975, the destruction of the weapons named in the schedule attached hereto was accomplished by the shredding machine at the facility of Liberty Iron and Metal works, Dallas, Texas, on this theday of May', A.D. 1975. WITNESS: ~ i Robert M. Mills, Assistant Chief ~ E I . 1 i NI \ ~ g H f z P ( ~ c. - tt1 ~ O 1 r? b H 41 ~1 AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THL MUNICIPAL BUILDING OF SAID CITY ON THE 20Th DAY OF MAY, A. D. 1975. 1 R E S 0 I, U T I 0 N i {{A MIEREAS, the City of Denton is installing a forty-two inch fi (4211) water pipe line which will cross under right-of-way and I trackage owned by the Aissouri-Kansas-Texas Railroad Company at Mile Posts 723.09 and 723.29; and I WHEREAS, the railroad company is willing to permit the City of Denton to cross under the right-of-way at Mile Post 723.09 and 723.29 providing the City of Denton enters into a pipeline license agreement with the railroad company, and pay the sum of Three Hun- dred Ninety-Five and No/100 ($395.00) for the license; and WHEREAS, it will be necessary for the City of Denton to comply with certain regulations and restrictions as set out in the pipeline license agreement; and WHEREAS, the Missouri-Kansas-Texas Railroad Company has re- quested the Mayor of the City of Denton to sign the license agree- ment on behalf of the City of Denton; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF-THE CITY OF DENTON, TEXAS, THAT: The Honorable Mayor Tom D. Jester, Jr., be authorized to sign a Pipeline License Agreement with the Missouri-Kansas-Texas .Railroad Company for installation of a forty-two inch (42") water pipe line eider the trackage and right-of-way at ?tile Posts 723.09 and 723.29 in Denton, Texas. PASSED and APPROVED this the 20th day of May, A. D. 1975. CITY OF DENII, TEAS ATTEST : G' BR-Our-19- Ho'; A CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: 1'AU1, C. IT)e I'C]'~`L"i Ol'Nl: CITY OF DENT(XI, TEXAS ~j ~i ~ r n -I~ t ti . r ` ERNST & ERNST 2700 FORT WORTH NATIONAL BANK BUILDING FORT WORTH, TEXAS 76102 Mr. James White City Manager City of Denton Denton, Texas Dear Mr. White: As you requested, we are writing this letter outlining our proposed auditing ser- vices for the City of Denton for the current fiscal year which ends September 30, 1975. We understand, based upon our discussion, that you are not obtaining simi- lar proposals from other accounting firms, as professional ethics preclude our submitting a competitive bid. As in past engagements, our work will be directed toward the preparation and publication of the financial statements of the City and our report thereon. The. financial statements will contain statements of fund balances of all the funds of the City of Denton as of September 30, 1975, and statement of changes in such fund balances for the year ending September 30, 1975. Our role as auditors will be to examine the records and accounting systems supporting the financial statements, to make appropriate tests which we feel are necessary, and to render our report as to the fairness of the statements as they are presented. In performing certain tests of selected accounting records and transactions, we will expect to again have the full cooperation and assistance of City accounting employees in such matters as preparing requested lists and schedules, pulling and replacing files and records, answering questions pertaining to systems and pro- cedures, and other customary matters. This is, we feel, to the City's benefit in the interest of minimizing our fees. Our approach to the audit will be: 1. To meet with accounting personnel to airange a mutually agreeable time schedule and to outline tasks and responsibilities for meeting deadlines. 2. To review the accounting methods, procedures and internal controls for determining the thrust and extent of our testing based on exist- ing procedures and changes within the past year. 3. To perform as much of the auditing field work as is possible before the end of the fiscal period in order to shorten the preparation time for our final report after September 30. We will utilize the City's data processing equipment whenever practical in this work. . i ERNST S ERNST Mr. James White -2- 4. To assign to the audit a staff which is composed of the optimum economic mixture of experience, auditing proficiency, aid technical knowledge of municipal operations. To insure that this approach is carried nut, we will assign B. C. Hosch to the engagement. He will have the responsibility to coordinate all phases of our audit, tax, and management consulting skills. Additionally, as a part of our services, we will submit to you a conference memorandum discussing procedural and policy problems, if any, which have come to our attention during the course of the audit engagement. This memorandum will be reviewed in a closing conference with you prior to the issu- ance of the financial statements. Any significant policy matters with respect to which we have recommendations will be included in a subsequent management letter to the City Council. The intent of the management letter will be to offer constructive suggestions for strengthening the business management practices of the City. sjur fees are based upon actual time spent on the engagement at our regular per diem rates plus travel and other out-of-pocket expenses and are billed monthly as in- curred. We generally make a preliminary estimate of the fee range which we expect the engagement will require, with the understanding that we will immediately notify you if anything occurs during our field work which would extend our work. This arrangement is necessary because we cannot know with absolute certainty what the results of our auditing procedures and teats might be. For the City of Denton, we estimate that our fees will range between $23,000 and $27,000 for the audit for the fiscal year ending September 30, 1975. This amount includes a maximum of $500 for procedures to test the records of Denton Piper Sales and Hickory Creek Marina for the purpose of supporting the reasonableness of revenues being collected from these entities by the City. If you have any questions with respect to the above, we will be pleased to discuss them with you or to meet with the City Council if you desire. Very truly yours, May 23, 1975 ~ Y s t r r L . j G~9 ( 'D ~ r k THE EXEnAL General Surety Agency May 29, 1975 City of Denton, Texas City Hall Denton, Texas Re: Meritplan Bond no. 073152 Maintenance Bond E. D. Calvert Gentlemen: You will hereby take notice that the MERITPLAN INSURANCE COMPANY desires to be relieved of any further liability on the subject bond for acts occurring on or after May 29, 1975 This bond is being cancelled in accordance with the law. Yours truly, MERITPLAN INSURANCE COMPANY le e is '!ill me - 5026N. Central Expressway • Dallas, Texas 75206 (214) 521-6236 r.- m F t i~ ~ G o r i F~ n n CI cn n cn A r 'Tl 1--1 v ' 7 ~ Ilk' ` t ♦.Y .i ~ ) tt ' ♦ . ryv y t t i\ ; ~l +i t ~ r •f 1 f i : ` a a ~ Y •nR',},~ i. ~ t•.r: \ ~ r2S:, 'l. , ` ! i. 1.. ' iy$'jJ~i~^~a'yl~ ~ ♦y~'Zy~~ ~ Sr w `~Y~,yam rrt7 ~~~~'iir~,`...5~~`.1i~.'`'+,71• AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 20TH DAY OF MAY, A. D. 1975. R E S O L U T I O N WHEREAS, the City of Denton is installing a forty-two inch (42") water pipe lin^ which will cross under right-of-way and trackage owned by the Missouri'Kansas-Texas Faslroad Company at Mile Posts 723.09 and 723.29; and WHEREAS, the railroad company is willing to permit the City of Denton to cross under the right-of-way at Mile Post 723.09 and 723.29 providing the City of Denton enters into a pipeline licerl agreement with the railroad company, and pay the sum of Three Hun- dred Ninety-Five and No/100 ($395.00) for the license; and WHEREAS, it will be necessary for the City of Denton to comply with certain regulations and restrictions as set out in the pipeline license agreement; and WHEREAS, the Missouri-Kansas-Texas Railroad Company has re- quested the Mayor of the City of Denton to sign the licensa agree- ment on behalf of the City of Denton; now, therefore, BE IT RESOLVED BY THE CIT..' COUNCIL OF THE CITY OF DENTON, TEXAS, THAT: The Honorable Mayor Tom D. Jester, Jr., be authorized to sign a Pipeline License Agreement with the Missouri-Kansas-Texas Railroad Company for installation of a forty-two inch (42") water pipe line under the trackage and right-of-way at Mile Posts 723.09 and 723.29 in Denton, Texas. PASSED and APPROVED this the 20th day of May, A. D. 1975. TUM D. JMCf JR p/,KAYOT CITY OF DENT, TE S ATTESTS 's 'Z`RE'i`W CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: L'Y Afi'l~~Y CITY OF DENTON, TEXAS i~ w~ C~► r ~ F ~ ~ ~ ~ . F ~ ~ ~ ~ . ~ ~bF~ ~ ~ ~ ~ .1, C, ~k~~. . . 4t. ; - ~ ~ _ ~ 3 _ ~ ~ ~ r ~ f - z 3' t i< ~ t- n J~`-L t " ~t ~ ~ 3 ~ ~S + ~ ; 1:~ i ! ti r.l y ~•'v-w '~~•'JJF.[ ~ ~ .J~ f u t ~1 i .,1 s M ti f/F / KIM" fi Y: MINUTE ORDER That the City Council of the City of Denton, Texas, does hereby direct and instruct the City Manager and the Director of Finance to reimburse any Councilperson, Mayor, Board Member or City Employee of the City of Denton, Texas, for expenses incurred in furthering City business or result- ing from an activity conducted on behalf of the City upon receipt of a properly documented and signed expense state- ment, that statement being the Expense Report Form 95976 presently required of City Employees and further to account for expenditure of advanced funds through expense report statement signed by the person who incu thos enses. • J. MAYOF-- CITY OF D , S ATTE BkOOKS HOL , CITY SECRETARY CITY OF DENTON, TEXAS 0 ~C a r nF 's f 1' 1 r r l i N _ ~ 11 ~ • 3% NO. 75- 1 3 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, CREATING A "COMMUNITY ETHNIC RELATIONS BOARD"; PROVIDING A DECLARATION OF POLICY; PRO- VIDING FOR CREATION OF A COMMUNITY ETHNIC RELATIONS BOARD AND PROVIDING FUNCTIONS FOR SAID BOARD; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING All EFFECTIVE DATE. WHEREAS, the City of Denton, Texas, has a history of good race relations; and WHEREAS, good race relations benefits the entire community; and WHEREAS, it is recognized that the City of Denton needs a • Community Ethnic Relations Board in order for the City to research, plan and promote racial understanding which would be to the bene- fit of the entire community; now, therefore THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: PART I. That the Code of Ordinances of the City of Denton, Texas, is hereby amended to create a "Community Ethnic Relations Board" and it shall read as follows: (1) COMMUNITY ETHNIC RELATIONS BOARD. (a) There is hereby created a Community Ethnic Relations Board to be composed of nine (9) members, appointed by the City Council for two years, provided that a board shall be composed of an equal number of the following racial or ethnic groups: Whites, Blacks and Mexican-Americans. Members of the board may be removed by the City Council for cause. Vacancies shall be filled in the same manner as provided for regular appointments. (b) The City Manager vi: his designee shall be an ex officio member of the board. He shall attend all meetings of the board and shall have the right to discuss any matter that is under con- sideration by the board but shall have no vote. (c) Members of the board shall be citize'3a of tha City of Den ton. (d) The City Manager shall wiLnin forty-five days after the effective date of this ordinance convene an orgRnizational meeting 1, of the Board, and at such meeting the Board shall select from its own membership a chairman, vice-chairman and secretary. Any five (5) of the regularly appointed members shall constitute a quorum. The board shall determine its own rules and order of business. The board shall meet at least once each month; all meetings shall be open to the public and a permanent record of proceedings main- tained. (e) The board shall automatically dissolve after two (2) years from the date of passage of this ordinance, (2) POWERS & DUTIES OF THE COMMUNITY ETHNIC RELATIONS BOARD. (a) It shall be the duty of the board to act in an advisory capacity to the City Council, with authority to hold public hear- ings and to study and recommend policies relating to the promotion, planning, research, and other such matters involving racial relations, and understanding for the City of Denton. (b) To receive and consider information of racial matters which would lead the City towards improved racial relations and racial understanding. (c) To recommend to the City Council actions for implemen- tation that would improve racial relations and racial understand- ing. The board shall not have responsibility or authority over public officials or employees of the City. PART II. That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any per- son or circumstances is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the re- maining portions of this ordinance, and the City Council of the City of" Denton, Texas, hereby declares it would have enacted such remaining portions despite any such invalidity. PART III. That this ordinance shall become effective fourteen (14) days from the date of ila passage, and the City Secretary is hereby u directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AIND APPROVED This the day of A. D. 1975. - TOM D. JESZT;R.';F)&yOR CITY OF DEN N, TE .ATTEST: BROOKS HOLT, CITY SECRETW CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: CITY OF DENTON, TEXAS l F~ t ^ C~ i ti 4p~. v T;4 ,~y .~7.R.,_" ~.a , l'a: •r..• ~,'N,~. .tip'>. !!P! 'SG'' f..~r 1.. ~ Y Iii r " 4 .4 .y` r a t ',4Jry Yf ! s ~i 4.4 '.r % '.H "t', { \ ♦1f Y ti2A ~4 s ~ 1 V A f T 1.~ •~~a5~.y~ y#~~j ~f1K,'l~',~~.~(tC. i~'~.J~i w ^yk i;.t L. 1'1 NO. AN ORDINANCE AMENDING CHAPTER 12, ARTICLE V "WEEDS ON PRIVATE PRE- I MISES", SECTION 12-26, BY EXEMPTING LAND ZONED AGRICULTURAL FROM THE PROVISIONS OF SAID ORDINANCE; AND DECLARING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: PART I. That Chapter 13, Article V "Weeds on Private Premises" is hereby amended as follows: Section 12-26. Declared a Nuisance. • It shall be unlawful for any person owning or controlling any premises within the city, whether occupied or unoccupied, to suffer or permit weeds or grass to grow thereon to a greater height than, twelve (121) inches on an average or in rank profusion, or to leave such weeds or grass upon any premises after the same are cut, and it shall be deemed a nuisance dangerous to the public health, and to the public safety as a fire hazard, for any premises to have weeds or grass above such height, or in rank profusion, or out and left thereon. Premises zoned and classified as "Agricultural Dis- trict" are exempt from the provisions of this section. PART II. That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) I;ys of the date of its passage. PASSED AND APPROVED This the 20th day of ay, A. D. 1975. D. JEST , MAYOR CITY OF DEN N, XAS ATTEST- ' MOOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL, FORM: PAUL C. ISHAM, CI Y A ORNEY CITY OF DENTON, TEXAS vow v .v • N r' 1 IY . ~r j y t. 3, irk{ L1C~F ♦ S r 4y r~ ll.r i.~vti i. alJt n L i - j r- t ; ,1~~' ay :i~ r . ~tw ~*.k ltCt♦ 'C'..+rJ' -,Y y, 0 Y- .~~~4,yV/ ~~t. t~~♦ ~ f R > ~r 3`w w ~.r.i 2{~ ry ` }~ti NO. 75"11 AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1, AND AS SAID MAP APPLIES TO LOT NOS. 7, 7.1 AND THE SOUTHERN PORTION OF LOT NO. 5, BLOCK NO. 283, AS SHOWN THIS DATE ON THE OFFICIAL TAX MAP OF THE CITY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBED THEREIN; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: SECTION 1. That the Zoning Map of the City of Denton, Texas, adopted the 14th day of January, 1969, as an Appendix to the Code of Ordinances of the City of Denton, Texas, under provisions of ordinance No. 69-1, ue, and the same is hereby amended as follows: All the hereinafter described property is hereby removed from the "PD" Planned Developnent District as shown on said Zoning Map, and all provisions of Ordinance No. 69-1, adopted the 14th day of January, 1969, as amended, shall hereafter apply to said property as "C" Commercial District in the same manner as other property located in the "C" Commercial District; 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 approximately 12 acres of land located on the north side of I-35 between Teasley Lane and the Holiday Inn, and being known as Lot Nos. 7, 7.1 and the southern portion of Lot No. 5. SECTION II.. That the City Council of the City of Denton, Texas hereby finds that such change is in accordance with a comprehensive plan for the purpose of promoting the general welfare of the City of Denton, Texas, and with reasonable consideration, among other things for the character of the district and for its peculiar suitability or particular uses, and with a view to conserving the value of the buildings, protecting )--.an lives, and encouraging the most appro- priate uses of land for the maximum ben3fit to the City of Denton, Texas, and its citizens. SECTION III. That this ordinance shall be in cull force and effect immedi- ately after its passage and approval, the required public hearings having heretofore been held by the Planning and Zoning Commission and the City Council of the City of Denton, Texas, after giving due notice thereof. PASSED and APPROVED This the 20th day of May, A. D. 1975. TUff D. J , F,, MAYOR CITY OF DE ON, XAS ATTEST- 'Z B S HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: UL C. ISH , I AT R CITY OF DENTON, TEXAS ~r ter' t s _ 1r a i r it kk r 1 F C I T Y O F D E N T 0 N T A X A D J U S T 11 E N T S FOR TILE MANTI[ OF MAY Automobiles $ 90.51 Business Personal $ 414.05 Real Estate $ 65.62 1 'T'OTAL $ 570.18 i f Fugh Mixon j Tax Assessor-Collector City of Denton. Texas { i . 1 t ,CITY OF DENTON TAX ADJUSTIt NT S FOR 1711E 1.10NIA1 o MAY ' Personal Prolerty Automobiles ACCOUNT t2AA]E =111ER 'YEAR VALUE 'TAX REASON Luimpapawhkul, 9999-29910 1974 340 $ 5.78 Unable to locate Sakchain i Lui, Wei-Kung 9999-29905 1974 160 $ 2.72 Unable to locate { Graham, Gail 9999-19250 1974 760 $ 12.92 Wrong # Eddlemon,' David 9999-14210 1974 400 $ 6.80 Outside Eddlemon, David 9999-14205 1974 400 $ 6.80 Outside Robbin, Dan H. 9999-46340 1973 520 $ 8.84 Unable to locate 'Malone, M.E. 9999-29515 1968 31110 $ 46.65 Too old O I,T Y O F D E N T 0 N T A X A D J U S T M E N T S FOR TIIE WNT1I MAY BUSINFSS PERSONAL ACCOMN'T N&M NUMbEF YEAR VALUE TAX REASON Hughes Fina 9070-04000 7974 400 $ 6.80 Does not exist Station Something on 9190-04420 1974 1,450 $ 24.65 Unable to locate the Side Shelton, Gray 9060-02802 1973 80-0 $ 13.60 Duplication Mr. Go Mobile 9060-01910 1970 22,800 $ 342.00 Unable to locate Homes La Princess. 9110-00800 1968 600 $ 9.00 Too Old Beauty Salon La Princess 9110-00800 1967 600 $ 9.00 Too Old Beauty Salon La Princess 9110-00800 1966 600 $ 9.00 Too Old Beauty Salon .C I T Y O F D E N T 0 N T A X A D J U S T M E N T S FOR ITE MONTH OF MAY REAL ESTATE ACCOUNT NAME NUMBr R YEAR VALUE 'TAX REASON Crain, C.E.' 6560-01300 1974 11500 $ 25.50 Late Homestead Newton, S.L. 1960-00700 1974 11100 $ 18.70 Late Homestead Garland, Tincey 1420-02900 1974 800 $ 14.62 Late Homestead Bennett, Ray- 2070-02700 1972 400 $ 6.80 Duplication mond ~j ~y ~ ~ V 1 THE STATE OF TEXAS COUNTY OF DENTON SUPPLEMENT AND AMENDMENT TO CONCESSION AGREEMENT WHEREAS, heretofore on the 31st day of August, 1963, the City of Denton, Texas, acting by and through its duly authorizer. Mayor, entered into a Concession Agreement with Alan D. Whatley, of Denton County, Texas, for a period of twenty years and three months, authorizing said Alan D. Whatley to operate commercial activities on a portion of the tract or parcel of land set forth in a license agree- ment granted the 30th day of January, 1959 by the Secretary of the Army to the City of Denton, Texas, for a period of twenty-five years ending August 31, 1983, with terms, agree- ments and conditions set out fully in said Concession Agree- ment, and that Alan D. Whatley did assign such Concession Agreement and the corporation Fish'O'Rama, Inc., to John K. Grimes, which Concession Agreement is hereby made for all purposes a part of this Supplement and Amendment to the same extent as if set out herein word for word, being changed and amended only as expressly stated below. I. The transfer and assignment of this Concession Agree- ment by John K. Grimes to Robert Browning and Gene Browning doing business as a corporation under the name Fish'O'Rama, Inc., is hereby permitted and approved by the City of Denton, Texas, and the said Fish'O'Rama, Inc., shall hereinafter be referred to as "Concessionaire", which term shall for all purposes refer to Fish'0'Rama, Inc., and to Robert Browning and Gene Browning. II, The existing Concession Agreement, amended hereby, shall continue until the 31st day of August, 1983, or until terminated sooner as provided in this agreement, or by law. 4 tl. zII. There is hereby imposed, and Concessionaire agrees to pay, a penalty of ten percent (10%) to the City of Denton on all past due payments for each quarter until paid. This ten percent (10%) per quarter-year penalty shall accrue im- mediately after the tenth day after the close of business for the quarterly period as described in Condition One of the in- corporated Concession Agreement, and shall not be pro-rated for any partial quarter. IV. This Agreement may be revoked by the City of Denton, Texas, upon non payment of any penalties due under this agree- ment in addition to the other provisions of Condition Twenty- Five of the Incorporated Concession Agreement. V. Concessionaire shall furnish the City of Denton with a certificate of the insurance required by Condition Twenty- Six of the incorporated Concession Agreement at the beginning of each policy year during the life of this Agreement. VI. This Supplement and Amendment is in addition to all the other provisions and conditions of the existing and in- corporated Concession Agreement, which Agreement is altered, changed and amended only by the matters expressly stated above. VII. This Supplement and Amendment is made by and between the parties in mutual consideration of the premises and the covenants set forth above, and shall from this date be,bind- ing on all the parties hereto unless and until terminated in writing as provided herein, or by law. IN TESTIMONY WHEREOF, the parties hereto have each caused this instrument to be executed in duplicate originals At on this day of May, A. D. 1975. CITY OF DENTON, TEXAS BY: . TOM D. JE , JR MAYOR ATTEST: S HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: ~ - JA~ PAUL C. ISHAM, CITY ATTORNEY CITY OF DENTON, TEXAS FISH'0'RAMA, INC. BY: BETBRW , D ATTEST: SEC 'T RY a { 'i 1 f, f ~ wr S~~~r:Y - i 1` ~,1.', ~ ~ ,:~~A r• Y..(fN Y'•:J6~ 40 '~Y AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 20TH DAY OF MAY, A. D. 1975. R E S O L U T I O N WHEREAS, it is a public necessity to obtain certain pro- perties for street improvements and capital improvements in the City of Denton; and WHEREAS, negotiations have taken place and agreements reached for the purchase of certain properties for the total sum of sixty-one Thousand Two Hundred Nineteen and 25/100 ($61,219,25) Dollars costs of closing included; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: That money be expended from the Street Improvement Bond Fund to U. S. Life and Title Company in the amount of Thirteen Thousand One Hundred Ninety and 25/100 ($13,190.25) ; the amount of Nine Thousand Nine Hundred and No/100 ($9,900.00) be expended to the County Clerk's Office for Eminent Domain Awards and the sum of Thirty-Eight Thousand One Hundred Twenty-Nine and No/100 ($38,129.00) be expended as miscellaneous expenditures as per the attached addendum affixed hereto. PASSED and APPROVED this the 20th day of May, A. D. 1975. TOM D. JESTI-JRI-V MAYOR CITY OF D , S ATTEST; Jri Z44~ RS HOLT, CITY SECRETARY CITY OF DENTON0 TEXAS APPROVED AS TO LEGAL FORM: PAUL C. I HAM, CITY A TO EY CITY OF DENTON, TEXAS ADDENDUM OF PROPERTIES & EXPENDITURES 1. STREET IMPROVEMENT BOND FUNDS: U. S. LIFE & TITLE COMPANY: F. H. Kent Pearl $5,284.00 Closing Costs 123.00 ` Mrs. Tracy H. Davis Pearl 3,814,00 Marion R. Roberts McKinney Closing Costs 185.75 Mrs. Pearl B. Stuart Pearl 3,608.00 Claude Miller Wilson Closing Costs 68.00 George C. Goen Pearl Closing Costs 107.50 $13,190.25 COUNTY CLERK'S OFFICE FOR EMINENT DOMAIN AWARDS: R. E. Jennings Blount $7,400,00 J. L. Franklin, et al Wainwright 11000.00 J. L. Franklin East Mill 1,500.00 $ 9,900.00 MISCELLANEOUS 7XPENDITURES: Early B. Milstead Appraisals $ 1,675.00 Jerry L. Gage Appraisals 111100.00 Marion R. Roberts Pearl 20,250.00 George C. Goen Pearl 4,400,00 Real Estate Services Testimony & 500,00 Appraisals Real Estate Services 812 Wainwright 150.00 Coleman, Philips & Service 54.00 White $38,129.00 Total $610219.25 r, r r~ r. I, c fa . Y, R t ti, s t -~J;4 ,i. `.i~ kk r~.`~~` .x:-►~ ~ f. .,,.hr t~k. +i~,x~ ~ ~ ''~J ~ .SI~K+il,,..i.~%f' #r~ ~'~r~ i~ ' r 'n. . {tr rs • A~~' s tii ~F.~ iF i E: ' ; [ p ~ 4t f J`7 X ~ Y o ~ ~ ~ ~ ~ } ~ f tt . a~. t't i j. ~ ~ i T. . ~y t`~ ~ . ~~f~l t ~A J ~L ~ `r;.y qw r L:1 a. .,r , e' ~ t EBT K-89 v~ .745 665 ' THE STATE OF TEXAS, DEED RECORDS ELN0W ALL MEN BY THESE PRESENTS. COUNTY OF DENTON fff THAT NATIONAL MORTGAGE CORPORATION OF AMERICA $050 of Denton County, Texas , in consideration of the sum of i -------One Dollar ($1.00) and other good and valuable consideration in hand paid by the City of Denton, Texas receipt of which is hereby acknowledged, do by these presents grant, bargain, sell and convey unto tothe City of Denton, Texas , the tree and uninterrupted use, liberty and privilege of the passage in, along, upon and across the following described property, owned by it . Situated in Denton County, Texas, in the S. McCracken Survey, Abstract No. 817 All that certain lot, tract or parcel of land lying and being situated in the City and County of Denton, State of,)Texas, and being part of the S. McCracken Survey, Abstract No. 817, and being part of Lot No. One, Block No. Two, of the Northwood Addition, Eighth Installment, an addition to the City and County of Denton, as described by plat dated May 31, 1973 and recorded in Volume 9, Page 29 df the Plat Records of Denton County, Texas, and more particularly described as follows: BEING the south 5 feet of Lot One, Block Two, of the Northwood Addition, Eighth Installment, and being 140.0 feet in length and containing 700.0 square feet of land, more or less. And it is further agreed that the said City of Denton, Texas , in consideration of the benefits above set out, will remove from the property above described, such fences, buildings and other obstructions as may now be found upon said property. For the purpose of constructing, installing, repairing and perpetually maintaining public utilities in, along, upon and across said premises, with the right and privilege at all times of the grantee herein, his or its agents, employees, workmen and representatives having ingress, egress, and regress in, along upon and across said premises for the purpose of making additions to, improvements on and repairs to the said public utilities, or any part thereof. TO HAVE AND TO HOLD unto the Bald City of Denton, Texas as aforesaid for the d the premises above described. toe..", f I,~r•,., ~ our %I ZhRnd this the 20th day of rtay _ _ , A D. 19 7$ . (r'P~'~ } xl NAT AL MORTGAG 00RPO ION or//] !y ~ ~.,,Aissis t Sacrstary SINGLE ACKNOWLEDGMENT va 745 w 666 THE STATE OF TEXAS DALLAS BEFORE ME, the undersigned authority, - COUNTY OF._ _.I.. in and for said County, Texas, on this day personally appeared._Ro - H. -HOpk1IIS, Jr. of Rational -Mortgage...Cgrporation._o.f....r.ca_- - - _ o f iver - - - known to me t~ ,W thb person whose name is subscribed to the foregoing instrument, and acknowledged to me that.. he ; 'trecuted the same for the purposes and consideration therein expressed., & capacity therein stated. x>✓~1`bNDF%MY HAND AND SEAL OF OFF Phis 20t dey of M y_.. A.D. 1975 Notary Public, Dallas- County, Texas p' F My Commission Expires June 1, 19 ~S. JOINT ACKNOWLEDGMENT j.S~ 1 ATF'•0'S' --~S' BEFORE ME, the anderai COUk gned authority, in ant ~'dr•sa bin , Texas, on this day personally appeared-- - - - end his wife, both known to me to be the persons whose names are subscribed to the foregoing instrument, and acknowledged to me that they each executed the same for the purposes and consideration therein expressed, and the said , wife of the said having been examined by me privily and apart from her husband, and having the same fully explained to her, she, the said . acknowledged such instrument to be her act and deed and she declared that she had willingly signed the same for the : urposes and consideration therein expressed, and that she did not wish to retract it. GIVEN UNDER DIY HAND AND SEAL OF OFFICE, This--__..___._..day of A.D. 19_..-_. (L.S.) Notary Public, -County, Texas My Commission Expires June 1, 29-_ WIFE'S SEPARATE ACKNOWLEDGMENT THE STATE OF TEXAS, BEFORE ME, the undersigned authority, COUNTY OF In and for said County, Texas, on this day personally appeared........... _ - - _ . , wife of - . known to me to be the person W hose name is--subs - crib -edto the foregoing instrument, and having been examined by me privily _ and apart from her husband, and having the same fully explained to her, she, the said.. acknowledged such instrument to be her act and deed, and she declared that she had willingly signed the same for the purposes and consideration therein expressed, azed that she did not wish to retract it. GIVEN UNDER MY HAND AND SEAL OF OFFICE,This................ duy of..._--_ , A.D. 19------ (L.S.) - Notary Public ....................County, Texas Illy Commission Expires June 1, I9.. CLERK'S CERTIFICATE THE STATE OF TEXAS, , County COUNTY OF.-...,........... - _ S.A~ Clerk of the County Court of said County, do hereby certify that the foregoing iiph nt of writing dated on the ................day of.-.-.....__....-.................__......_.-..-..., A. D. 19._ , with its it4l~yc2avlyf uthentication, was filed for record in my offxe on the day of..... A. D. ftra9Y°"',r►~,75rn yarrrok . rye: M., and duly A.~.r in the recorded this. ...day of . _ A. D. SQf7q*iJq.~c-~h 60 .Records of said County, in Volute ?~o Coll Daggs f _ ;'F' a 'a WITNESS MY HAND AND SEAL OF THE COUNTY COURT of s ` ount7, at ~•r.,~ Lie;~~ n e, #,V r'. , the day and year l }e tten. ? °rqoo~r erer s.._.....- - County Cl County, Texas. - (L, 8) By........... _........._fby~ or , Deputy. z ~ ~ ~ Y ~ Arga, :I PlI, A Q A Z~ ° a ~ A~ U o 4 x I p, lr d ~ o o a `'mot n 0 Fir~q ti a o t $ v u U: W w o: w ~ w o s W o Y ' w w l I~f'k}` Z kll I 9 x W w, i~ of i t t ~ i ~ I 4~ ARY THE STATE OF TEXAS X AGREEMENT COUNTY OF DENTON X WHEREAS, heretofore on the 11th day of February, 1959, the City of Denton, Texas, acting by and through its duly authorized Mayor, accepted a license granted to it by a written agreement executed on the 30th day of January, 1959, wherein 'the :3ecretary of the Army granted to the City of Denton, Texas, a license for a period of twenty-five (25) years, commencing on September 1, 1958, and ending on August 31, 1983, to use and occupy an area in Denton County, Texas, Garza-Little Elm Reservoir Project, for a public park and recreational purposes, reference to said license agreement being hereby made for all purposes to the same extent as if set out herein word for word; and WHEREAS, pursuant to that agreement, the City of Denton, Texas, entered into a concession agreement with J. K. Hundley, do- ing business as Hickory Creek Marina, on the 7th day of June, 1960, and that such agreement was approved by the District Engineers, Corps of Engineers, Fort Worth District; and WHEREAS, the United States Coast Guard Auxiliary desires to sublease from the premises leased to J. K. Hundley, doing business as Hickory Creek Marina, an area of approximately 150 feet by 150 feet for the purpose of placing a building for the activities of the Auxiliary; now, therefore, For and in consideration of the premises and covenants here- inafter set forth, and in accordance with the above quoted auth- ority, the City of Denton, Texas, party of the first part, act- ing and through its duly authorized Mayor, hereby grants to the United States Coast Guard Auxiliary, party of the second part, hereinafter referred to as "Auxiliary", authority to place a 12 • foot by 20 foot Morgan Building on a tract of land of approximately 150 feet by 150 feet, said tract being out of the property leased to J. K. Hundley d/b/a Hickory Creek Marina, and, subject to the approval of the District Engineers, Corps of Engineers, Fort Worth District. It is expressly agreed and understood that all of the terms, conditions, privileges and obligations incorporated in the license issued to the City of Denton, Texas, by the Secretary of the Army are as binding on the Auxiliary as if they were set forth at length herein. This agreement is granted subject to the following conditions: 1. That the Auxiliary is authorized to place a 12 foot by 20 foot Morgan Building on the property for a period of five (5) years. The building and improve- ments placed upon the premises by the Auxiliary shall be and remain the property of the Auxiliary, and sub- ject to such reasonable limitations upon use by the public as may be imposed by Auxiliary, except as other- wise provided in Condition No. 22 contained in the con- cession agreement from City of Denton to J. K. Hundley d/b/a Hickory Creek Marina, and may be removed there- from by the Auxiliary as provided in Condition No. 22. Nothing herein shall be construed to prevent Auxiliary from mortgaging or otherwise encumbering improvements placed by them on the premises to such extent as may necessary for the successful operation by the Auxiliary. 2. That the term of this agreement is for a period of five (5) years from the date of execution hereof, and that the Auxiliary may renew this agreement for a term of three years pl•!s until August 31, 1983, by giving thirty (30) days written notice to the City of Denton and the District Engineers, Corps of Engineers, Fort Worth Dis- trict, thirty (30) days prior to the expiration of the initial five (5) year term. 3. In as much as the Auxiliary is leasing land from J. K. Hundley d/b/a Hickory Creek Marina, all of the terms, except as to The Concession Activities and Paragraph 4, of the concession agreement entered into between J. K. Hundley d/b/a Hickory Creek Marina and the City of Denton executed on the 7th day of June, 1960, are bind- ing and the same are incorporated herein as terms of the lease agreement between the City of Denton and the Auxiliary. A copy of that concession agreement is attached and made a part of this agreement. IN TESTIMONY WHEREOF, the parties hereto have each caused this 74 instrument to be executed in duplicate originals, on this the J01 day of May, A. D. 1975. CITY OF DENTON, TEXAS BY: OR ATTEST- TOM Do JESO MAY HO , CITY 9ECRk;T ITY OF DENTCt;, TEXAS APPROOVVE~D~AS TO LEGAL FORM: • I~c1!_' PAUL C, ISHAM,, CITY ATTORNEY CITY OF DENTON, TEXAS UNITED ~STATES LCOAST GUARD AUXILIARY BY: CSC `~V` pc'`Sj i I I 0 IT 0 S S I 0 1 A rr ;1 'I ITT `x1I 311'i►Y? 07 '13.{AS COtT?1`1'Y O? ~'T l0?~ I 11i1i u,r of ?,-,b„vary, 19<>, +•hc City of D-Intor., `2-:•:as, actin", by anu ttilrourh its July authorizeJ ~cl::p4-d 3 --*'ant--d "o it by a written anl'u~cl~n` on 4'h3 ?Ot}l clay of January, 1919, wh r3i.n the Son.rctalry of th-l Al,.-ly Crznicd to `hc 7il- of D--)-on, Te;:as, a lict.ns:: for a perioi o^ twenty-.fiv, (21') years, co::rr:ncin on Septe!zber 1, 1953, and -ndin;~ on Au«ust 31, •1933, to ttsa and occupy an aroa in Denton County, Texas, Garza-Little :aa 2ase-rvoir Project, Vor public park and racreational purposes, reference to said license a,-rcecnant bcinG her.3by made for all purposes to the +I same extent as if sot out her.:in word for word; and, 1M?.AS, said asreemen+ au++horizes the City of Den}on, r.0exas, to enter into concession aSrec;narts with third parties I i providing; needed services to th-- ptiblic, subjec} to the approval of i'h'! Dizl'rict :mincer, Corps cf "nrineurs, Fov'' Worth Di5+?'iet; I -OWJ For and in considera'`~on of the pv,>-iisos and the :ovonants horeinaffor sot forth, and in accordance ijith }he above quoted authority, the City of Denton, Taxas, pnaaty of the first part, acting by and through its duly au+horizod Mrayor, hcraby grants to J. K. Hundloy, d/b/a Hickory Creel. Narina, of La'so Dallas, l Denton County, T3xas, party of the second part, hereinafter r3- I forr3d to as "concossionairo", authority to oporato comnmrcinl P activities on tha tract of land sat forth in said license agrau- r»ent above referred to, which said tract of land is approxi;ha+oly fwon+-y (20) acr3s in araa and is shown in Croon on Lxhibit A, attaebod heroto and mado a pal't hor3of, and, subject to the s approval of tho District ?n-incor, Corps of :InSineor:, For+ '.1or+h Diotriet, authority to utilize such potations of the wator aroa t in the noa+ Harbor adjacont to thu.lond araa hareinabovo raforrud { , t ! . cu VO GE ill' nCloU .d ty 1?.ot- 'I' !ill C`' n.) thj 'aid lil )it A for Collsi'ri)C''lon of Fat~hUE'i~~d 7C>li~ s'"or,1;;,; houses, ~,as docko- and otil:l' S`ora,.: or sari'{c'in' C~171~)."1_I1+, for a 4"8rri of };ICntJ-+hr c- (23) years and fol.ir :aon+hs, corinencing on tho 1st day of Y.ay, 1960, and unolno on the. llst day of August, ' 19,33, an,] heronf'---r a'- such o4-h::r site or s itcs unr.;r such *orms and conaitions, inelucin? co:lpensution a.zounts, payable +o tho i C5.4y o_+' Denton, `;'e;:as, by the conc~,ssionaira, as may be a,_,rood upon in the fa''ure bet:j-1cl1 the Ci' y of Donfion, Texas, and thi :',~C Si.Ona'!rc, n.nd approved In wr'itin`, by said District _ nUin9er I~1 1 { Of +120 COrF.°, Of !:Ui'+'h D10i'1'iC}i prov?.Uad, lla?I.;rer, that should concessionaire raga=.ro additiotl al ,later arja Nor'h ~i of the area, sho:-In on 3xhibi+ A and hereinabove reforrad to, con- cessionaire shall have the right to utilize such additional water area r4quired for develop:,)--nt subjecfi to such `aryls and Bondi}ions as clay be a-reed upon by +he City of Denton, Texas, and the con- cossionaire, anc subject to the approval of the District l;nginser of thoCorps of Enginors, ,wort north District. Any agreement for the use o= an additional site or sites by the concessionaire may be acco.-~pli.siz3d, in +he di: crctiol: of +-ba City of Denton, Te:;as, either by supplari,<,nt aUra,3rr:;nt herzJo, or by a sepsro+e cone•.;ssion agrao:a:nt, r•,quir1nr th:: approval of tho Dis+rict _:nUine"r, this agrae^!.3nt clay Lr ranewcd at the ,snd of +h:; license t,3rm upon such con6fiions as may be agreed upon by the parties. P is expressly aire::d and understood that all of the terms, condi+fons, privilo&es and obligations incorporated in the liconsd issued to the City of Denton, `1'e.xa3, by tho Socratary of tho army, are as binding on the cor.cossionaire as,i they ware set forth at length herein, l4iis a;raomant is granted subject to the following conditions; 't 1 ' That th,3 concessionaire shall pity to tho City of Denton, , 'Texas, compensation for the concession privilagea eurrontly authorized in a sum oqual to six pereont (6;)') of the gross y inco-o from all of tho businoss operations conduc+.od under t'11~G a-r,.,, 1,y COfCeSS]O:':tai plv,:; C.^..'. DOI1".1, j)':1' 1 :•)onth foal Mach r~3nt--d boat stall, )1'1.1 i) said pa;i:..nts shall be :)fide in ar~artevly i.nstallnc nts, each to be due and payable to th.: City o4' D:.nton, on or b;fore ti,; ,Jth day of th caleniur lon' !0~.~.G',)).:7 t??., i-,~st day of sarclh, Jim,, p1:a7b~1` and ~:'C3f4b r of eacli "oar, "Gruss inco:l:" as hsrain dofin d shall mean the total ,'.:C Z}1 S of ta-- COnCu S3Onai`O fro.' the ctlsln•;ss operations CU l1Ct:J S1!)) ]r 'L-Ms Za,;ro,i i:nt aitlloi't any rcducl ions t4?7&t < J]', anu shall i::Cly c: ineo fro-) t:n;, cusir: cs operations o° th;; con- cuss 7.onalir:: uh?.c1a :':ay bc; locat.sU on any pr ivata property a5- joininr7 or uitllin on.-'.Zalf rails of Via concession aroa described In this Tira concussl.onairD shall keep an accurat,3 sat, of boots which shall be open to inspection by officials of the City of D:nton, To.xas, at any and all raasonabla ti-ias. Ths. eonccssionai-n:: s;)e.ll also pay to `he City of Denton, Texas, on donand, any su:n which .iay havu to ba eaponJud after th:: expiration, revocation, or tor;•tination of t'zis a-re:;-a~:nt in r,~storin; the pro-,)isas to as food- ordar any coac;ition as that exiytinr; upon • the date of cox : ncan::ut of the t.-r:) of tii'.s a;,r c )ant, da~a ;e u.rond tlZa cc,-i`Ul or tl). con: :t3s;.cnai.:. an6 dua to 19'sar and i 2r cii:CCpt::Cl. CO 3ti.on shall t "Do3.. j?.^,j23^lJ to City On ~J:)tC'!), Tk::ias, am, '~0'':1a1'UJd L th,_: CDnC SSiGC)ail`s oir-,--t to th-, City 0" DUnton, 2. That thu conecssionairo is authorizcd to corc?uct all com- marcial activit;i~s in the licensed area at e.vch sites as are specified by the City of Deut:on, T,.).-,as, Lind tpprov-J in by tha said District ,sn,^,inoer. That th:: sitas shall b3 occupi,)d and used 1)J thu conetissionairu or his duly authorized a.-,mts, r asal"noun, or tran3Coracs sol,Jly for thu concoct oC bucin.>su in connection with rocroational dovolopnCnt of thu ai):;a for tha gunural public. l:usinoss in connection uit:h ruc"uatiooal du- valopmant of thu aroa shall include but not n,.cossarily bo .1Imited co tho following; (a) R%ntul of boak.C, motors and 17131111)"0. tar,!,lu. . i y:'•l_ AP ,J ,.U:.i-, .L"✓: i.i;)LLD arri Ju oL'i:. (...1) ,^.U!ln?:.I'..'rs, raS, 1 ' ^ . ts r~iutu;i it • .`s. (ci) c o., oats anu; rrsil:_'s, r:r~d ;~art•o sall;s anj rjpairs. .'Oil 1'., :UF (1?' a-3 J.'':i '."C 1.•"i r:.i n of t r ~ n`'1';: Cni. )"^2.rlt St{lt' !_i '.'OOcS 5'.ci i, ipr.: nt 1 ~ il' : U l u'' ~ u n~ po.'t Oil (`1" ..+S by orfor-h i.:'i..~ 1 (il) uta]. of oat Zto;'a - ?'coil t1 s. r ll~lt ~U 1.!:.. 5 S]7all e in a iann::r 5,`,., ) s- factory to the City of i.::nton, Tc!Xas, co -1 ,n)cin- on ths cffo-et ivy 6at<: o'.' this instil,,:rant, and th,;raafter tiic con- cessionair; shall conc'uct such of ti-117 p:r.!ittQd activiti.us E au City of i ,:,Ilton, shall at and, t1ria specify. . . 11. The cono6ssionaire an3 tho City of Danton, Toxas, mitually af;rc3 to provi6o improve.:s3nts in accordance vii-';h 'thc; schedula • set out b:;.lori anc of a quality ~quivaiont to thu osti'natt; values inc'c;,tod, (T;]crnti.t;y an. loca'.-ion of roans an(, 1)a?'':i.n h?'VaS ConioP'1 to S.C 1nC0i'pUl':1fGU E in c.:; a pal't of t?zi s a -r:.u ut, ZiLAt b iuL a plat .)r ! ! .nap of t'h provi6~o, concUssi.oua:+.r ` i shall have authori.t;; to :al'i•ani'; th3 boat ;torn stalls sho'lo i on said A for 1;hu maxi.~.,h^1 convvnicnc,~ of the visiting I public an6 tha eoncossionairo, is busts--ss operations.) E t i i ?7.r3 Y :A: FIR".' Yl-'V (13y the Cil6y) 3S1I 1 "D j T''.::1 l70, D3SCRIPYTOId A?IOUI.'ra F 1. Provid: iiino (1) picnic trebles _20.00 ea. v 130.00 i 2, ?'aintonar,co of e;istinG facilities provided in concession aroa by Govcrn..~ent 100.00 T01dL: 7 u~'; Utz PIR3i' Y:1'5 -1 (Ly Conc.:s;;iona iro) f 1, lnstrll four boai-houses tiiith a capacity 4 of fif'-__-n bears oach ,,15,000 P.r 1 bon"nov ti:GO, 00'3.00 1 t 2. Clcavin,; and other i-aprove,l:.nt of concession area for access pir.posas 1 000, o0 3. Tnsf•all suitable office facilities on con- cussion site 4,500.00 4, Install ,as doc,: 1,50o.00 5. Construct road No. 1 as shown on _xhibit A fro:,i the e;cistinf- r,ravel road constructed by the U.S. Corps of 3nLjns.;rs `o Pa:-Ling Area Yo. 2 as shown on tha said "xhibit A 10500,00 G, Construct Farleinr Area No. I and 2 of a size not less than 7,500 squara foot each, said i par?<inC areas beinr- shown on A ~ attached hereto, anc F;ravo', parkin.arcas. 700.00 i 7. Provida potable wa-•cr supply systein. 3,000.00 t Provide scua-c disposal facilities sufficicn' for the vwor;c fore,ss and patrons of the con- t cessionairo. _1 500 00 t TO'xAL: 7:,7`y i ti SCCOND YPA1 (By the City) , 1, Maintenance of public use facilities, t~300_-00 G T05L'AG: ;OU.' SECOND YCATI (By Concessionaire) 1. Install two (2) additional boathouses with a capac ty of fifteen (15) boats each v 15,000 par boathouse $30,000.00 2. Install ma:•.na ropa.ir shop and marine rail- way facilities 10 'go').Oo TOTAL: . 10;S~ t'~ '1NIRD YSAR (By the City) 1. Maintenance of public use facilities ` 300,00 TOTAL. 3U'O.uu 11111RD YLAR (By Concossionairo) 1, InstaUt. two (2) additional boathouses with a capacity of fifteen (15) boats each Q ;415, 000 per boathouse ; 30, 000- 00 r S10'1'AL: a '~Oi~;i)u e 310 AT':1) 1'i' 7,14 110. 11I"iTOtr x ou FO3Ii'iII YEAR (_iy the Ci+y) 1. :fairtcnanc~, of public use facilities 00. OJ TO'iAL: 300. FOUA,,rjT YEAR (By Conc_+ssionaire) Tnstall +--i;o (2) adc>:;-ional oai-houses viii-h a capr_c i+ each . y30,00G.00 4~tJ,0i10 p:;;' 1,oa+hous~. 2. Cons*ruc+- ano pl,,Ic, infornati.onal anJ 100.V0 dlrc~ci-ional sir;ns 9'01'AI, ; 7v7u 0T,TO. 1 4 FI `~'iI YLAIl (.rjy the City) I 1. Ilaint,:nance of public ase facilities ---100.00 TOTAL: Y - JU ~ ~T>j E 1 FI2111 YEAR (By Concessionaire) ; 1. Install two (2) addif-Donal boathouses with a capacityof fif+'el:n (15) boats each ' e>0>000'00 ""151000 per hoathouso 2. 8x+-end Road io. I as shoran on 2:chtbit A from Parkin- Aria ?lo. 2 to Par',.ing Area ;rTo. 3 and construct Parking Ar:a No. 3 to a size not less than 7,500 square feet 1 500-00 TOTAL:,~Uv.~1J f' S-sCOI'D 2PIE Y,f1S (By'thc City) 1 COO. 1. ?iaintcmancc of public use facilities ~ Ju00 TOTAL: p , u 1 (By Concessionaire) 1. Construct gravel walkways ~ 600.00 2. Install three (3) additional boathouses with a capacity of fifteen (i5) boa+s each U r"15,000 por boathouse 45 000-00 TOTAL; 9HTIM FIT-1 YEAR3 (By the City) ~ 1. lir:intenanco of public use facilities f' 1 500.00 T0'4kL: (By Concossionairo) 1. Install throe (3) additional boathouses with a capacity of fiftcon (1>) boats each 000.00 ~'1? *15,000 por boathouse t IT O TAL : N r , (By tzlo City) 1. ?"aintcnanca o; public use faeilitij-9 1'x00.00 510a'AL (By Concussionai.r.!) Install ihrso (j} ac'jitional bouthoti~sc3 with a capacity- of fifte::n (15) boats each r 000.00 15,000 pcr boathous~_ 2. Consl-rucJ an:. Placo air c~ioaal_ s~.~us 1 }0.00 i0'1'AL : .r.,~ j ,"1~ T.-'07 r T 1.•. Y..i;Z3 (i3y tha.City) r AT. 1$500.0n 1. ananeu of public use facilities TOTAL. T 7U R 1 (By Concessionaire) 1. Install two (2) aaditional boathoir-as with a capacity of fifteen (15) boats oach Q t;'~i.5,000 per boathouse 5`309000.00 TOTAL: tis3 ; 7_0.1~ :1C E i i s f' 't f~ G F r C, r All plan and locations for buildings arid/Or structures to be placed upon thrU premises or any subsequent alterations therato shall be approved in writing by the City of Denton, Texas, and tho District 'Engineer prior to commoncemont of constriction by the concessi.onnira. All buildings and sti-uc- turss placed upon the premises by the concessionaire shall be and remain tho property of the concessionair3, and subject to Bitch reasonable limitations upon uss by tho public as may be irmposod by concessionaire, e:-cept as othFrwisa provided in Condition No, 22 below, and may be romovcd therefrom by the , concessionaire as provided in Condition No. 22, Nothing heroin shall be construed to prevent concessionaire from mortgaging or otherwise .encumbering improvements placed by him on the premises to such extent as may be necessary for the successful operation of the concession by concessionaire, 6. That the prices to be charged for merchandise and ranted equipment shall be subject to the approval of the said City of Denton, Texas, and the District Engineeit, end a schedule of such prices shall be submitted tc the said City of Denton; Texas, for E its approval prior to com-nancement of operations. The concession- aire shall, at all times, keep a schedule of such prices posted in a conspicuous place on the occupied premises, 7. That the concessionaire shall comply with all Federal laws and regulations and with all the laws, ordinances, and regulations of the state and county wherein the said demised premises are located with regard to constriction, sanitation, licenses or permits to do business, and all other mattera. That any acid all taxes which may be lawfully imposed by tho state or its political subdivisions upon the property or business of the concessionaire on tho said premises shall be paid promptly by the concossionaire. 4. .Omt Hie co.~c~ssioncii.ro Shull not i?un?. 01. t!" or allow i a:,tin~ ur trapl~;n~ on tau said p. riis;s, i 10, i j TI-Lat the concessionaira shall not soll, store, or dispense, i oi• porri_t 1-11,; c,llo, st-ora or disp using on the said prcmis:s of atiy alcoholic bovera; as, exc(;l)!; ba r Maori legally- atifl.orized 4 and thoa only af'?-or roe-lip+ o° written approval by the District or parr^i? t•o b ins+allc;d or oparai•-,d any devico or conduct any activitica tll,;roon which, in the opinion of i•he pity of D.ni•on, T: ;as, are contr,,ry 1.0 r-ood morals or 1 arc oth-vwi-W, objecl-ionablo, 11. j hat tho concessionaire shall not pcr.0.t or suffer any offensive use of the said prCmf.ses, or the co:amission of wasto thereon, shall not cut tiribar or nativo shrubs e,;cepi- as approved in writing by the said City of Denton, Texas, and the District In(-ineer, shall not conduct raining operations or•drill for oil or gas upon said area, shall not remove sand, gravel or kindred substances fro-1 t11o ground except for im- provemant, purposes, or shall not in any nanncr subs+•ant-ially c1lan~a the contour or condition of the property unless approved in writing by the said City of Denton, 1~3xas, and the District Engineer, but the concessionaire may salvage such fallen or dead timber as may be required for use of fira4rood. Tha eoncessionairo shall kcop .he area in loos order and in a clean, sanitary, and safe .ondition, and shall at all tir.-i raain'•sin all structures and equips nt in a condition satis- factor3- to the City of De-W-on,Texas, and the District :;n;ineor, The cone::;rionaira shall also be rosponsiblo for the r.moval of all rcfust, litter, debris, etc., rrnich :nay result from i, its oporation,. 12, That the cuncessionaire ;;hall neithor transfer nor assign t•hts agroomont or any privilot;os thor.:undor, nor any inforasa Whatsoover In connection wiPh this a,;r~~racut ui?Lout per,ntOflion in lll''i ` )!1" i 'Ja LU ri j f It of j:I n' oil, u:,, and tit S D13+_^IC' 1 • That tho:~ shall bo no unrc;a::onable intcrforonce with navi;'e.tion by the exorcisms of the heroby granted. lit, That no attonot shall be rade by the concessionaire to • forbid "no ^1111 atlc' fr- use by t'n:; public of }h-- :.a+er ar: as o1' i2 r. s r~ oir or th:; public us.: ar:ac t cL+- -gay be aovelop:o upon 'rh-, saki pr~:llsc-s in accordane- wi`h the purpose and t . 1} ^ intcuf- of tize.} acL of Conc;l..:ss o ..p}>_rov.,d 2^ ~ Dr:c+~.rtib:.r, 19-t-t Stat. ~u7) as a.,:ondod by the Act of Con-ross approved 21~ July, i 1'L~6 (60 Stat. 6182; 16 U.S.C. 460d). 15. That if the displa-y of lif?nts arxj siSnals on any wort{ ~ hamby authorized is not otherwise provided for by law, such ~ liC,,hts and signals as nay be prasoribad by the District Engir_eer of the Corps of 2,nineors of the U. S. Arn1y shall be installed and maintained by and a* the cxponse of th6 concessionaire. r 16. That this agream3nt may be ter,,linated.by the concessionaire at any ti,, e by Eiviug thirty (30) days' notice in writing to the City of Denton, Texas, providnu that, in case of such termination, no ranission by the City of Dan':c-z, Texas, of any rantal thoretoforo paid shall be made. I 17' That the use and occupation of +he pronizes shall be subjoct to tho Voneral suporvision and approval of i-ho said # City of Donton, Texas, and to such rlos and regulations j • ft as may be proscribed by it E'ro-1 ti.n3 to tim. • f 13. l That the eiZlit is heraby. rosorvad to the City of Donl on, Texas, and to the United Stales, its officers, agonts and omployoes to enter upon tho said promises af: any tirao for h i n n.:o "nsar,7 of convonic7n+ i con.i:;c+'ion 1;i 1-h ,,,ovcrn t,,-n+- wort-, to r.; 1.ovo tihcrofro:i ; i:aber or o+-h,;r rya}crial, ern:pt propar+y of tho concessionaire re- qu i.r.:d cr needs ,irk for such wor',, 1•o sal.l and ra'novc n).rchan+- a',J. '17.;1' ill i'. ~I'oi1, to fIooU }7i, pr,."'lis s oiliOn'avc?r n3cvssary, i 1^.v::l c,' fh: riser Moir or pool in any manm-,r trh;,~:;a vur, r:n.; to dra.; down the r,:s~rvoir or pool to any az- +~r, any and '1hu concussion~,iru shall. have no clai!*1 fo., dF, ,a;_os c° ^n;; charr?.c+'.r on accuunt lhur~of ar-ainst +'h City of T'•:nton, Trssas, or the Unit-,6 Sta+-os or any offieur, af.cnt, or E::)ployae thereof . 19, i That the ri~,ht is h.:roby raserved to the county and state and the United Stat s, i}s officers, a3en+s, and em- ployees, to construct or to par:ii+ the conslruction of facili- ties ;uitabla for coy-L-r7nication, electrical d7_s4-ribu+ion or trans;Iission, water supply, sawavage disposal, access roads, and si:ailar purposes on he prerr,ises, and the concessionaire shall have no claim for compensation or damages of any character on occount ther.-of, 20. That 1'he conc:ssionaire shall bc3 responsible for any dariage that :icy bo caused to prop::rty of the City of Denton, Texas, or govarn.-,,nt property by the activities of the con- cessionairo under this agroe.rent and shall uzcrcise due dili- i gence in the pro+ection of all Liprova:mcnts, timbar, and o+hor property of the City of Dan+on, Texas, or of tho United States which jrky be located on the said pvoiiisus against firs or da:nag3 from any and all other ctluses, ' 21. j' • V That neither the City of Donlon, Texas, nor the United . r States shall bo responsible for damages to property or injuries s to parsons which may arise fro.n o;, be incidont to tho use and oaeupa{,ion of the said pr,-:,rnisus, nor for damages to tho property of th, or for inj11rlos to the person of th) _ IL SKI I conci.G3iona-i''.., ".;S +0 Ill .f F;1'CuF+'rtJ' O.' 111„'.1vi.'s 4- o 1''':, 1n 1,:3O.i C 1},; CU,'. r.,, o 0113 L'. I f~ S!:r- Vatifs, or ,-Iploy -S, or otilur5 a''lo :'lny bu on said P2c.-.JceS at +hcir i.uvi+ation or *h: invif-W-lon of any one of the:,iF, arisin., "ro:'1 or incidcn+ to 1'-he floodi-n!- of the said premises by the ;;ovr: , or ,'ro.1 ao 0-h.- calls; , or arisi-,, fro or in:idont }o an-,r o+har -ov rn-n>ntal ac`ivity; and the con- cf.s,^.ic,n!t ,J s}?rJ_l !'.old *h: 1.+.1" o_' `;nlon, Texas, fin!! the Unitu,: ';+a+:s 'horn3.ces fro-1 any F:no ell sv.c':1 c1ei:ls, i i That, on or bsfova +h-1 data o~ cxpiration of this a-roe- meat, or i+s terclination by the concassionaire, the concessionaire E I shall at the concessionaire'O cos+ vacate the pronisos, ronolla I r ~ the property of the cone~sstonaire therefrom. and ros+ore the I pranisea to as rood order and condition as that existing upon the date of co-risncemant of the +arc of this agreement, damages beyond the control of the concessionaire and due to fair wear f { and tear excepted. If, however, this agreenlan} is revo'.tod, l the concessionaire shall vacate the premises, remove the pro- r party of the concessionaire +herefro,i, ant restore the promises j I to the condition aforesaid within such tint; as +ho City of f Denton, Texas, clay designate,. In eithar event, if +he :on- l cessionaire :,hall fail or nagloct to remove the propar y of the concessionaire and so restore +he premises, then, at the option of the City of Denton, Texas, the property of tha con- r cessionaire shall either bacoma the property -if the Ci+.y of j Denton, Texas, without co.nipensation therefor, or the City of Denton, Texas, may cause it to'be racnovod and tha promil"Ps so to be restorad st th3 expanse of tho concossionaire, and no claim for damages i6ainst the City of Denton, Texas, or its officers or agents shall be created by er made on'account of such removal and restoration work, 230 ghat if more than one individual is named in this agree- Mont,. tho obligations of snid individuals heroin contained shall ba joint and sevorol obligations. 211. Notion shall to dseriad to have been duly given if and when c;nclosed in a properly sealed r,nvolope, or wrappor, addrnssod and deposited postage prepaid in a post office or t branch po^t offic: ragula.rly .naintai.nc.d by the United Statas t Goverr~acnt. 25. This agreemcnt may be revoked bj the City of Denton, Texas, upon the happening of any of the following events: 1 (a) Hon-pay =_-nt. of rental. t (b) A breach by the concessionaire of any of the material terns or conditions of this agreement, which shall not be corrected bti- noncessioraire within a reason- able ticae after not is _ of such breach. i (c) Termination of the Dopart.-•nt of the Army license. t i 26. i That the concessionaire will fully idtijtify and save whole and harmless th,. City of Denton, Texas, 9110m all claims or cause of action against it that may arise in connection with the maintenance and operation of the entire promises, s which include all areas included in or adjacent to, and used in connection with, any facilities constructed at or beyond. the shoreline of Garza-Little Elm Lata, and that, prior to commencing operations under this agreemont, the concessionaire will obtain from a reputable insurance company, acceptable to the City of Denton, Toxas, and carry liability or indemnity insurance so indemnifying the City of Denton.. Texas, providing for limits not less than Twenty-fivo Thousand Dollars (,'.25,000.00) per person in any one claim, and an aggregate limit of Fifty i Thousand Dollars (Y50,00.00) for any numbor of persons or I~ claims arising from any onb accident with respect to bodily insurios or death resulting 1:herofrom, and/or damago to property suffered or alleged to have bn,Nn suffered by any person or persons resulting; from the operations of the concessionairo under tho terms of this agreement. } tel. 'ghat the concessiona5rO shall insi all and/or o!aintain taat;~:r sunpl,~ Sys±em, acL:(juate foilo+ and waste disposa). facilii`6'1S fo:- i1'. vi^ :inr public. Flans f'or such facilif ios anu loci, iot.s , ''c~.ll be approved first by tho S{-ato De- s_ a. pai'{'E^ i]a' Of i \11 i1 Or i}S 1GCa1 r'.pl,03C, ]+0.+1 va, and then subrii11sd +-o yh,: City of .anton for approval by tho Ci'•y end i-n,. :`orps of 'nlr;ir rs • Approval of the plans shall be furnished tha conccssionair.; boforc construction is s`artad. 28. That the storage, display or sale of firowor'ts or ex- plosives on the provilses is har.,by pvohibitad. This constitutes tho antira agr.oznent between the parties, and all provious aSreemants are; either merged horein or re- saind-1d• IN TES`M-!O11Y WMEREO_', the parties herato have each caused this instrument to be exacuted in Duplicate orig°nals, on this the aay of Y,,.,.; A.D. 1960. 1 CITY 0'_'' D-31P.LO 1, 'xE1kS y ay o- . ATTEST I• L' y APP: V 4f i ~jb ney' y J.I. Hundloy, d/b/a HICKOa'I RIN i L. t tindlty k 1 i I K J E 7, W. WARRA\TT DEED-Wit! triasta mad Wife'. separate Ae►a.aa4saeate. Close L Tel" staadard rsr VOL 746 PACE EEO RECORDS $339 q#j 4 DENTON p OF DENTON ST. ANDREW PRESBYTERIAN CHURCH/(ST. ANDREW PRESBYTERIAN CHURCH OF THE UNITED PRESBYTERIAN CHURCH U.S.A. OF DENTON, TEXAS, (FORMERLY FIRST PRESBYTERIAN CHURCH, U.S.A. OF DENTON, TEXAS, A CORPORATION) Denton - Am& Texas ;«w*eleteYlo11 'fW14t1im%6 Three Thousand Seven Hundred Eighty & No/100 ($3,780.00)---------- 2c Ollarrs, it <i~,~«~ut!the City of Denton, Texas, a Municipal Corporation I z~ ~l~t~ntra,~vl~ t~n~ ~onb~D, ,a~!<l~~~r~~~~~;a<a C~r~nt,~p11 a~a~ (Qvnbr~, City of Denton, Texas, a Municipal Corporation dime 1el";e ew1 Denton Texas Partial taking consisting of the north eight (8) feet of the below describe tricti' of land being 8' X '2101. F.LRST TRACT - All that certain lot, tract or parcel of land situated in the LMnty of Denton, State of Texas, being out of the Wm. Neill Survey !~,atract No., 971, described as follows: BEGINNING at the northwest corner of a lot of land formerly owned by the Cygberland Presbyterian Church of Denton, Texas, which said lot is situated od,the west side of Bolivar Street, in said City of Denton; TH$HCE south 100 feet; TWCE east 75 feet; THENCE north 100 feet; THENCE west 75 feet.with the south line of Pearl Street to the place of be-- bifhgg, and being the same lot described in Deed of record in Volume 310, a~ 510,;A4d Records of Denton County, Texas. SECOND TRACT - All that certain lot, tract or parcel of land sioiited in the t Vol 748 PAGE 242 City and County of Denton, State of 'Texas, being s lot 150 X 135 X 100 X 35 X 50 X 100 feet out of Lot No 12 of a subdivision of the William Neill Survey, Abstract No. 971, and described by metes and bounds as follows: BEGINNING at the south corner of Lot No. 12 of the said subdivision accord- ing to plat thereof, duly recorded in the County Clerk's Office of Denton County, Texas, same being the west boundary line of Bolivar Street in said City of Denton, Texas; THENCE north with the west boundary line of Bolivar Street 150 feet to the intersection of the west boundary line of Bolivar Street with the south boundary line of Pearl Street; THENCE west with the south boundary line of Pearl Street, 135 feet to the northeast corner of a lot sold by the Cumberland Presbyterian Church to J. W. Caruthers by deed dated October 2, 1902, of record in Volume 83, Page 520, Deed Records of Denton County, Texas; THENCE south with the east boundary line of said Caruthers tract 100 feet for corner; THENCE east 35 feet to corner; THENCE south 50 feet to the south boundary line of said Lot No 12; THENCE east 100 feet to the place of beginning; BEING the second and third tracts described in Deed of Trust dated January 15, 1960 executed by St. Andrew Presbyterian Church of United Presbyterian Church U.S.A., Denton, Texas to R. W. Bass, Trustee for First State Bank of Denton, Denton, Texas, of record in Volume 206, Page 233, Deed of Trust Records of Denton County, Texas. ~,ttii%~r~u~,a~rfuozraa~rcr~~ ra,~sorr~orr q/oau City of Denton, Texas, its successors ,l~~tl~i~llQ~lLllftG'Pi?/Jd~it does itself, its a} censors Jw~'yo~o ,~'~r<G,~rrr~>zreriu~ta„~o' V=Md W pbpr ~pf~ttD,,u«r~~G Jt4to9~CU/,1~;Jlt!!~?Etf/t.till~~lo,I~~P/,~1a'!!~/ City of Denton, Texas, its successors rrrt~~~j~-- our4;,,,g/,,ZDenton, Texas 27t MAY, c. Y ~5 ST. ANDREW PRESBYTERIAN CHURCH OF 31:K DENTON, a rporation ,President om arpoo.L y ~ VOL 746 pacE 243 L~IYlWl l DENTON ! Orl;'>11G;' a Notary Public Denton `t~l!lllf, c~f~.x!'~17r,~~JYIIJ i /!'T.1njllrll'll' J~!!!?Y!~ e' f Denton /or ati Tom Harpool, President of St. Andrew Presbyterian Church / j/1<! and off cer ,Cr ~Cl!/!li ,lC7lll',Illrwe' is Jl/dJ<?!(t' flC/ llU;</IJ~t/l!!l/IJf fllll~,lll~ll!'ll/<llfElL',~~Jll<!~~t~ , ~<i ;112'Y/'/lf~f~;Jllflll/ ~ ,~~e~ !l~lt~P.f' !L>r dfQ' lC!</llf,~Jt<JJf' , as the act and need of said corporation and in e adherein Mated. s ~1 , ? ~JHunr/t>i~~nrlarri/lra%i'1> j' G ,l May , lJ~915- 1 :y r1,. Jv NOTARY PUBLIC IN AND FOR DENTO COUNTY, TEXAS ~j~-- K-111 `C~!'!!!1!/,'~~.iY/J; I'N,~~ll,(/l/II~P?d0ll!!l/l;'ll~~Cll tfYl/ ,C/rtf1/L~C~QOIU,I 1Lt1G'4rQ0>ll~lrl :///l JGtr~,f~tC9Ytllll4?YllIll!/ l'>llr//l!!!!~!~'GCPIr ~alrmt~~G jm- y~r~i 'rr>u/'iJ roll tailr~frct~ ~nuf<rnr~l~cir/G lrrn etqlne1114 ilr~a f lore, r'J/r /1";J&1( 1 • a</Srlrrll le /Omoy, toe >nofJftr/ tt/~fu>r>l~rr~ir>ul ,~l~rt/a!/~lr~,s/r~>o~!ar~~r ,a! c~,/lmez~ lar<~a>l~/~n>r~la'o~Ilo>r'~t~lr~ ~t~e.~«llrna!/fa'r~rlr~~ir~ilrotlore rirta~~~lrctl 017.e..~/.~~!'frr': r X1/9 ~ iir tG N r!>r ~/r ro izt ~4/640~, o11 y ,r~ a>n~>lLr 'y 19 a~ ~ I l! r~l~ r<c~r/~~rll `l~l •~l~,tiL~1`r~i' e4hecli,," G / r~c~~la~ ,,fr!l~~GlYnrlr~;o~t%C~>lrc~ ,o>~ IP~l1 %!t~,~L~/,aid, f~eh+r~2f'~(<r~t~rut ` ',:~rrt~~<r<n~'al~~~rr 1111 i CpUNTy OF DEt+T0.'1 5TR1E OF TE0S COUNTY CLERK. Ocnson n¢nt,wasTflVed on t4 1 herahy cerf, lh,l th,s and hasdu-h re- dale ime slaR,L•.d heron by f the n=ar';d records Ind m+ crrd In pet ~ c t d nlon Co~ntYJTeia` a'' lamp=d T crcgn by •11M 3 1915 ~J ~ off.."" - o,.tr ~ j %0 ~NV CLERK. Denton Cp alY, Tovi L va 746 PALE 244 co ilk v En NARY, R 41 1 Iv T, I 1~ . lip' .l I _ - • ~ . `In /F I I~ . Iii ~ r . r I ; ~ I