HomeMy WebLinkAbout1988 STREET USE AGREEMENTS New- V
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I i OFFICE OF THE CITY ATTORNEY
1 MEMORANDUM
TO: Jennifer Walters, City Secretary
FROM: Joe D. Morris, Assistant City Attorney
SUBJECT: Street Use Agreement Between the University of j
North Texas and the City of Denton, Texas +
DATE: August 2, 1988
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Attached is the original agreement between the City of Denton and +
the University of North Texas as referenced above. Please file
same in the official records of the City. Should you have any questions, please advise. j
I JVOE D. JDM: ,j s
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xc: Roger Wilkinson, Right-of-Way Agent j
i Attachment
30051
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STREET USE AGREEMENT BETWEEN THE UNIVERSITY OF
NORTH TEXAS AND THE CITY OF DENTON, TEXAS
This Agreement made and entered into between the University
of North Texas (UNT), a political subdivision of the State of
Texas, and the City of Denton, Texas, (City), a municipal
corporation of the State of Texas.
I RECITALS
1. By dedication of a street easement, City controls and
E maintains Avenue C, a public street located with the City of
Denton, Texas, a portion of which street crosses the property
by UNT.
2. The City has caused a portion of Avenue C to be recon-
structed and improved with medians and bike lanes.
3. Lt consideration of
the City providing for the construc-
tion of the medians and bike lanes on that portion of Avenue C
crossing UNT s property, and in furtherance of a legitimate
public purpose, UNT and City desire to enter into this Agreement
providing for UNT to landscape and maintain the medians and
control and maintain the bike lanes on that portion of Avenue C
crossing UNT '
s property.
4. This Agreement is made in accordance with and as auth-
orized by TEX. REV. STAT. ANN, art. 4413 (32c).
NOW9 THEREFORE, for and in consideration of the mutual pro- ?
mises, covenants and agreements mentioned herein, the parties
agree as follows:
1. Pro ert Sub ect to A reement. The "Property", as used
in this greement, a a nc u e t e street median tslands and
the bike lanes located within that portion of Avenue Cl
j extending from the intersection of Avenue C and Mulberry Street
to the intersection of Avenue C and Eagle Drive as shown in
Exhibit "A", attached hereto and incorporated herein by
` reference.
I 2. UNT's Use of Property,
(a) Medians.
UNT shall have full use and control of the ~
street median islands located on the Property for the purpose
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landscaping installing maintaining
as aiitn may rdetermineSapp appropriate) except
otherwise
thereafter maintaindal all ( landscaping material shall so as sto lavoid
creating a view obstructions for vehicular traffic making use
of any public street. _
(b) Bike Lanes. UNT shall have full use and control of
the bike lanes located on the Property for the purpose of
maintaining the asphalt surfi ce the bike loa~deistioan. and for
marking, paintin8, or stripp g
appropriate signs designating the use thereof.
3. Cit is Use of Pro ertYY. City shall throughout the tern
of this greement ave t e rig Pt at gny time toen~econstructe
Property for the purpose of re lacin repairing,
ing, or maintaining the adjacent public street and water and
sever lines or other public utilities, facilities, or equipment
within or adjacent to the Property. The City shall exercise
due diligence to give prior notice to UNT of any scheduled work
to be performed on the Property so as to allow UNT to remove
F and preserve any landscaping materials, signs or equipment
installed on the Property by UNT, but City shall have the right
at any time to enter upon the Property and to remove any land-
scape material, signs, or equipment installed by UNT and make
repairs to any public utilities or facilities located on or
i adjacent to the Property without prior notice to UNT when su:h
entry is immediately necessary to make unscheduled or emergency
I repairs to any of City's utility lines or facilities. In no
entry damage the }
case shall landscaping material liable ~from for thany lose e City's or
Property or adjacent public property,
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4. Term. This Agreement shall continue in force from year
to year, provided that either party may at an time terminate ?
this Agreement by giving ten days written notice to the other i{
at the following addresses:
4 CITY: UNT°
Vice President, Administration
City Manager
City of Denton Administrativr, Affairs 3
215 East McKinney University of North Texas ,
Denton, Texas 76201 P. 0. Box 13527
Denton, Texas 76203
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SIGNED this the~ay of
, 1988.
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CITY OF DENTON, TEXAS (CITY) UNIVERSITY OF NORTH TEXAS (UNT)
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BY.
BY:
CITY MANAGER Eu TITLE:A 1 ,
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY: '1fY} vvw
J UNIVER TY OF NORTH TEXAS
RICHARD RAFES, GENERAL COUNSEL
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BY:
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