HomeMy WebLinkAbout01-20-1998
City Council Agenda Packet
anuary 20,1998
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AGENDA Agenda item_
CITY OF DENTON CITY COUNCIL 0re-..~
January 20, 1999
After determining that a quorum is present and convening in an open meeting, the City Cowtcil
will convene in a Closed Meeting of the City of Denton City Council on Tuesday, January 20,
1998 at 5:45 p.m, in the City Council Work Session Room at City Nail, 215 E. McKinney, t
Denton, Texas, at which the following items will be considered:
1. Closed Meeting:
A. Conference with Employees-Under TEX, GOVT, CODE Sec. 351.075, The
Council may receive information from employees or question employees during a
staff conference or briefing, but may not deliberate during the conference.
ANY FINAL ACTION, DECISION, OR VOTE ON A MA17ER DELIBERATED IN A
CLOSED MEETING OR ON INFORMATION RECEIVED IN A CONFERENCE WITH
EMPLOYEES WILL ONLY BE TAKEN IN AN OPEN MEETING THAT IS HELD IN
COMPLIANCE WITH TEX. GOVT, CODE CH. 551. THE CITY COUNCIL RESERVES
THE RIGHT TO ADJOURN INTO A CLOSED MEETING OR EXECUTIVE SESSION AS
AUTHORIZED BY TEX, GOVT. CODE SEC, is obi, ET SEQ. ('TEXAS OPEN MEETINGS
ACT) ON ANY ITEM ON ITS OPEN MFL'TINO AGENDA OR TO RECONVENE IN A
CONTINUATION OF THE CLOSED MEETING ON THE CLOSED MEETING ITEMS
NOTED ABOVE, IN ACCORDANCE WITH THE TEXAS OPEN MEETINGS ACT,
INCLUDING, WITHOUT LIMITATION, SECTIONS 5$1,071-351.085 OF THE OPEN
MEETINGS ACT,
Regular Meeting of the City of Denton City Council on Tuesday, January 20,1998 at 7,00 p.m.
In the Council Chambers of City Hall, 215 E. McKinney Street, Denton, Texas at which the
following items will be considered:
1. Pledge of Allegiance
A. U.S.Flog
B. Texas Flag
"Honor the Texas Flag -1 pledge allegiance to thee, Texas, one and Indivisible,"
CITIZEN REPORT
2. Receive a citizen report from Dessie Goodsen regarding the City of Denton,
PRFIS NTATIONSIAWARDS
3, Consider approval of a resolution of appreciation for Bob Nelson.
CONSENT AGENDA
u Each of these items is recommended by the Staff and approval thereof will be strictly on
the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City
Manager or his designee to implement each Item In accordance with the Staff recommendations.
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City of Denton City Council Agenda
January 20, 1998
Page 2
The City Council has received background information and has had an opportunity to raise
questions regarding these items prior to consideration.
Listed below are bids and purchase orders to be approved for payment under the
Ordinance section of the agenda. Detailed back-up information is attached to the ordinances
(Agenda Items 4.6). Ills listing is provided on the Consent Agenda to allow Council Members
to discus- or withdraw an item prior to approval of the Consent Agenda. If no items are pulled,
Consent Agenda Items 4.6 below will be approved with one motion. If items are pulled for
separate discussion, they will be considered as the first items under "Items for Individual
Consideration." A citizen may not speak or fill out a "request to speak" form on an item on the
Consent Agenda unless the item is removed from the Consent Agend,: The speaker shall be
allowed to speak and the item shall then be considered before approval of the Consent Agenda.
4. Consider adoption of an ordinance accepting competitive bids and providing for the
award of contracts for public works or improvements for construction of McKinney St.
paving and drainage and Woodrow Lane sanitary sewer to Jagoe Public Co. In the
amount of $645,654,27; providing for the expenditure of funds therefore; and providing
for an effective date. (Did 42146 - McKinney Stmet Paving and Drainage and Woodrow
Lane Sanitary Sewer)
5. Consider adoption of an ordinance of the City of Denton authorizing the City Manager to
execute a professional services agreement with Application Control Engineering for
development of an early storm warning system; authorizing the expenditure therefore;
and providing an effective date. (P, 0. 482389-Application Control Engineering in the
amount of $31,200.00)
6. Consider adoption of an ordinance providing for the expenditure of funds for the
necessary repairs to a 973 Caterpillar Track Loader which is an emergency purchase in
accordance with the provisions of state law exempting such purchases from requirements
of competitive bids; and providing an effective date. (PO 482071 - Darr Equipment)
ITEMS FOR INDIVIDUAL CONSIDERATION
7. Consider adoption of an ordinance authorizing the City Manager to execute an agreement
between the City of Denton and Don R, Windle to lease certain premises of the Municipal
Airport and construct and maintain an aircraft hangar and related aviation facilities
thereon; and providing an effc~ tive date.
8. Consider adoption of an ordinance authorizing the Mayor to execute a contingent
agreement with the City of Dallas and Larry R, Lakes to assume a concession contract
under certain contingencies set forth in the contract; and providing an effective dab.
9. Consider approval of a resolution recognizing the dire need of a substantial increase in
transportation funding and supporting the principles of the Byrd-Oramm Amendment
now pending in Congress as one measure to provide additional funding for mobility; and
declaring an effective date.
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City of Denton City Council Agenda
January 20, 1998
Page 3
10. Consider adoption of an ordinance authorizing the City Manager to execute an agreement I
for interchange service between the City of Garland, Greenville Electric Utility System,
the City of Denton, Texas and LG&E Energy Marketing, Inc,, providing for the sale of
excess electric generation capacity, as well as other documents in furtherance of said
agreement; authorizino the expenditure of funds therefore; and providing for an effective
date. (The Public Utilities Board recommends approval.)
I]. Consider nominations/appointmenis to City's Boards and Commissions.
12. Miscellaneous matters from the City Manager.
13. New Business
This item provides a section for Council Members to suggest items for future agendas.
14. Possible continuation of Closed Meeting under Sections 351-071-551.085 of the Texas
Open Meetings Act.
13. Official Action on Closed Meeting items held under Section 551.071-551.085 of the
Texas Open Meetings Act.
CERTIFICATE
I certify, that the above notice of meeting was posted on the bulletin board at the City Hall of the
City of Denton, Texas, on the -day of , 1998 at +-o'clock
(a.m.)
DEPUTY CITY SECRETARY
NOTE: THE CITY OF DENTON CITY COUNCIL CHAMBERS 1S ACCESSIBLE IN
' ACCORDANCE WITH TIIE AMERICANS WITH DISABILITIES ACT. Tilt
CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR TIIE
HEARING IMPAIRED IF REQUESTED AT LEAST 48 I[OURS IN ADVANCE
OF THE SCHEDULED MELTINO. PLEASE CALL THE CITY SECRETARY'S
OFFICE AT 349.8309 OR USE TELrCOMMUNICATIONS DEVICES FOR
THE DEAF (TDD) BY CALLING 1.900-RELAY•TX SO THAT A SIGN
LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH IHE CITY
` SEC RFTARY'S OFFICE.
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Agenda No.-MQ_,'
Agenda liem
Date '
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~e~alu#i~an .
itt lgetrcalsdton or
ROBERT E. NELSON
WHEREAS, on Jsnuivy 31, IOS. Robert E. (gob) Nelwn will retire, after 20 peen of exemPlary service with des City
of Dmlon %fdch began Jwe 21,1977; and
WHEREAS, dw4 de put 20 yeah, Bob Nrtsoe boa maraged the City's Utility Departments with skill and
dedication; aid
WHEREAS, cs Exec-tttive Dim%lot of Utilities, Bob Nelson exhibited outstsndmg expertise, irinovs'ire adminielrN,ive
skills and exemplary service in pranoting the wdrere and best interesu of de city of Denton; and
WHEREAS, he hu skillfully represented Denton's Intents on date and rational levels u a niernbet of the Texts
Municipal Lagiee, the Texas Municipal Powes Agency, & Itus Municipal Utilities Association err! while serving is a
president of the American Public Power Assoclsdor, and
WHEREAS, Bob wu Instrurnentat in securing a long teen ilepenilobte water supply fat Denton and the Noah Torras
arm dmo being a founding member of the Upper Tratity Regional Water Distria, his work in the dewtopmetd of the ray
Roberts Reservoir and many other wtivides; ad
WHEREAS, d"o his profeuieral and traragerial v pertise and his "Item rocord of dedicated urvice, Bob
Netsoo lies corned de full respect of has fellow employees, onitmgrses and tititetu of Denton; and
WHEREAS, dre City of Denton has been fontuate in hotting enjoyed the dedicated and outswid;ng service of Bob
NrIwn and wiohes to rooctgniu samr, NOW, THEREFORE,
THE COUNCIL OF THE CIT Y OF DFNTON HEREBY RESOLVES:
That the sincere and warm app wistion of Bob Nelson felt by the citizens cad ofGee s of die City of Denton foe his
many accomplishments, leadership, dedication and disticguished service, be formally conveyed to Bob in a pennonew nattier by
recording this Resolution upon the 61111cial minutes of dK City Council of Ow City n( Denton. Texas and forwatdutg to gob
Nelson a true copy thereof u it token of" Appreciation,
H
lrC PASSED AND APPROVED this the doy of Irk
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i IACK MILLER, MAYOR
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ATTEST:
JENNIFER WALTERS, CITY SECRETARY
Ile
APPROVED AS TO LEGAL FORM
HERBERT L, PROMY, CITY ATTORNEY
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Ago ids Item
Date
AGENDA INF009ATION SHEET
AGENDA DATE: January 20, 1998
DEPARTMENT: Finance • Purchasing ,
ACM: Kathy DuBose, 349.8226
SUBJECT
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE
AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS FOR
CONSTRUCTION OF MCKINNEY STREET PAVING AND DRAINAGE AND
WOODROW LANE SANITARY SEWER TO 1AGOE PUBLIC CO., IN THE
AMOUNT OF S645,614.27, PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE (BID 0 2146 -
MCKINNEY STREET PAVING AND DRAINAGE AND WOODROW LANE
SANE rARY SEWER).
BACKGROUND
Tabulation Sheet
ESTIMATED SCHEDULE OF PROJECT
McKinney Street Paving and Drainage is scheduled for completion the first of May
assuming a February I start date,
Woodrow Lane Sanitary Sever is scheduled for completion the first of April assuming a
February 1 start date.
PRIOR ACTION/REVIEW(( IONIREVIEW(Coutiell. Boards. Commission
,
None
FISCAL INFORMATION
Funds for this project will come from account numbers 673.082-RB96-V612.9138
(W/WW Engineering), 432.020-DRAN•9307-9108 (Engineering), 610.103.1031.3660-
9220-CO32601A (Electric Engineering), and an Interlocal Agreement with Denton
County for street improvement.
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AGENDA INFORMATION SHEET
JANUARY 10, 1999
PAGE 2 OF 2
BID INFORMATION
We recommend approval of a contract with Jagoe Public Co. In the amount of
5645,612,27 for approximately 1,000 feel of street widening paving and drainage
Improvement on McKinney Street west of Woodrow Lane and approximately 2,400 feet
of sanitary sewer from Mack Addition south on Woodrow Lane,
This project Is the result of the Denton County Courts Building as well as recent
apartment construction In this area.
The single bid of Jagoe Public Co. Is below our engineer estimates of S670,DD0 and
within budget. Bid notices were sent to sixty contractors and only one responded.
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Respectfully submitted:
Name: Tom D. Shaw, C,P.M., 349-7100
Title: Purchasing Agent
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Attachment 01: Tabulation Sheet
Attachment 02: Interlocal Cooperation Agreement for Road Improvements
between the City of Denton and Denton County, Texas
"I AGGNDA •
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ATTACHMENT # i
BID N 9144
BID NAME MCKINNEY ST WIIDENIN01 JAOOE
WOODROW SANITARY SEWER AUELIC
CO,
DATE !3
I VIM
TOTAL EID AWARD 1146,414.71
ADDENDUM /1 YES
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ATPACMa MP 02
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THE STATE OF TEXAS
COUNTY OF DENTON
INTERLOCAL COOPERATION AGREEMENT FOR ROAD
IMPROVEMENTS BETWEEN THE CITY OF DENTON AND
DENTON COUNTY, TEXAS
THIS AGREEMENT Is made and entered Into by and between the City of Denton,
Texas, a political subdivision of the State of Texas, hereinafer referred to as "City" and
Denton County, Texas, a corporate and political body under the laws of the State of Texas,
hereinafter reretted to as "County" for purposes of the completion of certain road I
Improvements, hereinafter referred to as the "Project."
WHEREAS. County is developing Its real estate located on McKinney Street within
the limits of City; and
WHEREAS, City's Subdivision Rules and Regulations require that County make
certain improvements to McKinney Street, including widening of McKinney Street and
drainage Improvements, the Project; and
WHEREAS, City has identified McKinney Street as one on Its Master
Thoroughfare Plan, requiring certain improvements; and
WHEREAS, widening of McKinney Street has been placed on the Texas Highway
t Department's list of future projects; and v
44 • WHEREAS, City and County value the early completion of the Project; and
WHEREAS, City and County mutually desire to be subject to the provisions or
V.T.C,A., tJovernment Code, Chapter 791, the interlocai Cooperation Act; and
.
JY4 WHEREAS, City'desires the participation of County in the Project as authorized • '
by V,T.C.A., Transportation Code, Section 151,011;
NOW, THEREFORE, it Is mutually agreed by the parties hereto as follows: /
ICA.Denton,McKinney 4
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The term of this Agreement shall commence on October 1, 1996, and shall end on
September 30, 1997, unless sooner terminated as provided In the succeeding provisions
hereof.
If.
The Project is described as follows; In the City of Denton, Texas, widening of
McKinney Street from Jannle Street to Woodrow Lane, including drainage Improvements,
as required by City's Subdivision Rules and Regulations, and including all surveying,
engineering and construction.
It is expressly agreed and understood that all of County's obligations pertaining to
McKinney Street Improvements with relationship to the City's platting process and
pursuant to the City's Subdivision Rules and Regulations shall be fully and completely
satisfied by completion of the Project. `
III.
Pursuant to V.T.C.A„ Government Code Section 791.011, the parties hereto agree
that the purpose of this Agreement Is to ensure that certain governmental functions and
services In the area of streets and drainage are performed. The parties hereto further agree
that each of them is authorized to perform the functions and services individually,
IV,
As required by V,T.C.A„ Transportation Code Section 251.012 and as evidenced
v by the signature of the City's representative below, the governing body of City by the
r execution of and approval of this Agreement approves of the expenditure of County money
to participate In or to fund $300,000.00 toward financing the Improvement of a street In the
County that is located In the City.
1 V.
In Performance of this Agreement, City agrees to assume responsibility for seeking
the removal of the referenced section of highway from the State Highway Department's
ICA.Denton,MCKinney s
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maintenance responsibility and for securing all necessary surveying, engineering and
construction services related to the Project. City further agrees that it shall be solely
responsible for payment of all expenses related to completion of the Project. City shall r
seek reimbursement for expenses related to the completion of the Project from County as
set forth below,
V1•
As City proceeds In the completion of the Project, it shall submit to the Denton
County Auditor, at 301 East McKinney Street, Denton, Texas 76201, invoices on a
monthly basis for reimbursement anti County shall reimburse City for all expenditures `
related to this project within Thirty (30) days of receipt of these invoices. Attached to this
Contract Is a certification by the County Auditor that the County shall include the sum of
Three Hundred Thousand and no/100 ($300,600.00) Dollars in its 1996.97 budget and that
this amount shall be Itemized, set aside and approved by the County Commissioners Court
`
to be expended for the project that Is the subject of this Agreement. Reimbursement from
County to City shall not exceed the sum of THREE HUNDRED THOUSAND DOLLARS
AND NO1100 ($300,000.00).
VII.
In performance of this Agreement, County agrees to assist City in expediting the
completion of the Project, If, as construction of the Project proceeds, City determines it
prudent to close McKinney Street, County consents to the closure.
In further performance of this Agreement, County agrees to reimburse City, from
• its current revenues, a sum not to exceed that stated above.
Vill.
This Agreement may be terminated In whole or In W by County or City upon
I . thirty (30) days' written notice to the other party setting forth a substantial failure by the .
f defaulting party to fulfill its obligations under this Agreement through no fault of the
terminating party, Provided, however, that no such termination may be affected unless the /
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defaulting pony Is given (1) written notice delivered by certified mail, return receipt
requested of Intent to terrninate setting forth the substantial failure to perform; and (2) not
less than thirty (30) calendar days to cure the failure; and (3) an opportunity for t
consultation with the terminating party prior to termination. In the event of termination by
the County, County shall reimburse City for alt Invoices submitted up to and Including the
date of termination. Notices shall be directed as follows:
For City:
For County: Jeff A. Moseley
Denton County Judge
110 East Hicko
Denton, Texas 76201
with a copy to, District Attorney's Office/Civil Division
319 West Oak Street
Denton, Texas 76201
f
IX. j
f.
The covenants, conditions and terns hereof are to be construed under the laws of
the State of Texas and are performable by all parries In Denton County, Texas. The ponies
mutually time that venue for any obligation arising from this Agreement shall lie in
Denton, Denton County, Texas.
X.
This writing Is Intended by the ponies as a final expression of their agreement and
r as a complete and exclusive statement of the terms of bseir agreement. This Agreement can
be modified or rescinded only by o writing signed by both of the parties or their duty
5
e authorized agents.
i XI.
This Agreement is not Intended to extend the liability of the parties beyond that
provided by low. Neither County not City waives, nor shall be deemed hereby to waive,
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any immunity or defense that would otherwise be available to it against claims arlsing by
third parties.
XII.
In the event that any portion of this Agreement shall be found to be contrary to law,
it is the intent of the parties hereto that the remaining portions shall remain valid and in full
force and effect to the extent possible.
Xlll.
The undersigned officers and/or agents of the parties hereto are the properly
authorized officials and have the necessary authority to execute this Agreement on behalf of
the p;uties hereto and each party hereby certifies to the other that any and all necessary
resolutions extending said authority have been duly passed and are now in full force and
effect.
EXECUTED in duplicate originals this, the oZ day of 1996,
,
COUNTY CRY
Denton County, Texas City of Denton. Texas
110 West Hickory 215 East McKinney Street
Denton, Texas 76201 Denton, Texas 76201
I
8Y: By:---
7 M14osefey 7/z
N ,,benton County Judge
• Acting on behalf of and by Acting con behalf of and by
authority of the Commissioner authority of the City Council of
court of Denton County T A'S C0 Denton, Texas
Attest: Attest: F '
Tim Hodges, County • •
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Approved as to fom: Approved as to form:
Assistant District Attorney City Atto
AUbITQR'S CERT[FlrATF
I hereby certify that pursuant to Commissioners Court order # o ,funds
will be available In fiscal year 1996-1997 in the amoun of THREE HUNDRED
THOUSAND DOLLARS ($300,000.00) to accomplish/utd ay the obllSation Denton
County, Texas under this Asreernent.
Wes ells, o my Auditor
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ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD
OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS FOR CONSTRUCTION OF
MCKINNEY STREET PAVING AND DRAINAGE AND WOODROW LANE SANITARY
SEWER TO JAGOE PUBLIC CO., IN THE AMOUNT OF $645,614.17; PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE (BID
4 2146 - MCKINNEY STREET PAVING AND DRAINAGE AND WOODROW LANE
SANITARY SEWER).
WHEREAS, the City has solicited, received and tabulated competitive bids for the
construction of public works or improvements in accordance with the procedures of STATE law
and City ordinances; and f
1171EREAS, the City Manager or a designated employee has received and recommended that f
the herein described bids are the lowest responsible bids for the construction of the public works or
improvements described in the bid invitation, bid proposals and plans and specifications therein;
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the following competitive bids for the construction of public works or
improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on
rite in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto,
are hereby accepted and approved as being the lowest responsible bids:
BID
NUMBS CONTRACTOR AMOUNT
2146 JAGOF: PUBLIC CO. $645,614.27
SECTION 11. That the acceptance and approval of the above competitive bids shall not
constitute a contract between the City and the person submitting the bid for construction of such
public works or improvements herein accepted and approved, until such person shall comply with
all requirements specified in the Notice to Bidders including the timely execution of a written
contract and furnishing or performance and payment bonds, and Insurance certificate after
+ notification of the award of the bid,
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SECTION III. That the City Manager is hereby authorized to execute all necessary written
contracts for the performance of the construction of the public works or Improvements in accordance
with the bids accepted and approved herein, provided that such contracts are made In accordance
with the Notice to Bidden and Bid Proposals, and documents relating thereto specifying the terms,
conditions, plans and specifications, standards, quantities and specified sums contained therein.
SECTION IV. That upon acceptance and approval of the above competitive bids and the
execution of contracts for the public works and improvements as authorized herein, the City Council
hereby authorizes the expenditure of funds in the manner and in the amount as specified in such
approved bids and authorized contracts executed pursuant thereto.
SECTION . That this ordinance shall become effective immediately upon its passage and
approval,
PASSED AND APPROVED this the day of ,1998
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:.~.
APPROVED AS TO LEGAL FORM:
HERBERT L, PROUTY, CITY ATTORNEY
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Agenda No. OD
Agenda Item
Date :,A lo W
AGENDA INFORMATION SHEET
AGENDA DATE: lanuwy 20, 1998
DEPARTMENT: Finance - Purchasing
ACM-, Kathy DuBose, 349.8228
SUBJECT
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY
MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH
APPLICATION CONTROL ENGINEERING FOR DEVELOPMENT OF AN EARLY
STORM WARNING SYSTEM; AUTHORIZING THE EXPENDITURE THEREFOR;
AND PROVIDING AN EFFECTIVE DATE (PURCHASE ORDER # 82389 TO
APPLICATION CONTROL ENGINEERING IN THE AMOUNT OF $3 i,200,00).
BACKGROUND
None
E'STIN ATE'D SCHEDULE OF PROJECT
Estimated completion is 416 hours of time activities over the next 60.75 days.
PRIOR ACTIONIRF_'VIEW(Council Boards, Commissions)
None
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FISCAL INFORNIAT10N
This project will be funded from 1991!98 budget runts for Floodwater Control Account
jn Number 460.020-FWAR-9801.9108.
CONTRACT INFORMATION
We recommend this contract to Application Control Engineering be approved In the
amount of $31,20000 for the development of an Early Storm Warning System Including
design and Implementation, The contract includes equipment specification development,
site surveys, engineering drawings, project management, graphics system development,
interracing with existing lift station SCADA systems and operator training, The hourly
rate for the estimated 416 hours is $73.001olali,•q 531,200.00.
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AGENDA INFORMATION SI{CET
JANUARY 20, 1999
PAGE 2 OF 2
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Respectfully submitted:
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Name: Tom D. Shaw, C.P.M., 349.7100
Title-, Purchasing Agent
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Attachment N1: Purchase Order 082389 to Application Control Engineering
Attachment 02: Proposal dated December I, t997
Attachment 03: Proresslonal Services Agreement
991. AGENDA
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I'mmeUAbb UIWIdI t4Ul U/JUV n4 uwe n.u1 et IIIN (J
floll nudla Mott etwew &1 44 WIRMINO ORDER
MvolceA de0ve4F !tape, ease, OF MARXE01
eba, baloc peekby elk" end bill!. DO NOT DWPLIC Tg
Ry Na Sid Na OMa 01 05 98 Poo Na 01
PURCHASM DMSI CITY 1 90 9 TEXAS STREET It~MOK TEXAS 76201-4261
9401749-7100 DOW MEMO 8171267-0042 FAX 9101219-7202
moR APPLICATION CONTROL BNOR
AMEI PO 801 497562 OEIIVERY CENTRAL RICSIVINO 817
DORE88 AMU MATIR/8IMIR TIILD SERVICE M
OARLAND IN 15049-7562 901 I TEXAS IT,
DINTOM/ TEXAS 76201
RON MEI88
VENDOR N0, APP490o6 DEVVERY QWEO 01 25 98 FOI DESTINATION INS TS 7ERMS
101 416 3e) MR VENDOR CAT, I I / A NF4 MAXI 75+000 711200400
C1T7 192007
EARLY STORM VAININO SVBTIN
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P OI TOTAL t 711200,00
OR ND TOTAL I 711200400
I1 460 020 PMAR 9001 0109 311200.00
V00II MSIRIF110F11 _ _ I. term! - Net 10 ba.4 nb+Nw IPN*W
low N MW wl* 4wo an. 4 ww" Iwvclw* 1.08 bet ww" a M44n 4"ww "mow
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ATTACMMT 02
Application
Control
EnEln"ring
P.O. Box 497612
Oarfand, Tex" 71041.7812 »
(214) 111.1211
City of Denton 12-147
Drainage Department
901-A Texas Street
Oenton, Tex" 71201
Atin: Keith Oobbard
Thank you for the opportunity to present this proposal. This proposal is an estimate of the time
that will be required to perform various englneerlng "Ovldea for the Early Storm Warning System.
BNow to a fist of the activities end a time estimate for each activity.
Description _ Estimated Hours
Equipment Procurement If
Site Surveys 14
Engineering Drawings 10
Project Management 32
Computer Configuration A Setup 10
OraphIOG System DevelopmaM too
Programmable Logic Controller programming 40
Lift Station SCADA system Interfacing 24
Operator Training 10
System Doc umentattan It
Total 414
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1 Total amount of the time estimated @ $Mhour to 131,200.00. This estimate Is based upon my
understanding of your objectives for the Early Storm Warning System project for the 10#14998 flecal year, Pleats call H you have any questions.
Slnarely, I
plan Wiaa
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER
TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH APPLICATION `
CONTROL ENGINEERING FOR DEVELOPMENT OF AN EARLY STORM WARNING
SYSTEM; AUTHORIZING THE EXPENDITURE THEREFORE AND PROVIDING AN
EFFECTIVE DATE (PURCHASE ORDER 0 82389 TO APPLICATION CONTROL
ENGINEERING IN THE AMOUNT OF 531,200,00).
THE COUNCIL OFTHE CITY OF DENTON HEREBY ORDAINS:
SECTION L That the City Manager Is hereby authorized to execute a Professlonal Services
Agreement with Application Control Engineering for an early storm warning system, substantially in
the form of the attached Agreement, which Is made a part of this ordinance for all purposes.
S ..TIO t. That the City Council hereby authorized to make the expenditures as set forth
in the attached Agreement.
sECr10N IIt. That this ordinance shall become effective immediately upon Its passage and
approval }
PASSED AND APPROVED this the day of 01996.
I
JACK MILLER, MAYOR
ATTESTS
JENNIFER WALTERS, CITY SECRETARY
,
BYS_
APPROVED AS TO LEGAL FOR..Sf,
HERBERT L. PROUTV, CITY ATTORNEY
I ,
PBO '2319PROF.01M . ,
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25 x r] 32XIO
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i
PROFESSIONAL SERVICES AGREEMENT
FOR EARLY STORM WARNING SYSTEM j
STATE OF TEXAS 0
COUNTY OF DENTON
THIS AGREEMENT Is made and entered into as of the day of
. 19 , by and between the City of Denton, Texas, a Texas municipal
corporation, with its principal office at 215 East McKinney Street, Denton, Denton County,
Texas 76201, hereinafter called "OWNER" and Application Control Englneering, with its
corporate office at 11300 North Central Expressway, Suite 602, Dallas, Texas 75243, hater
called "CONSULTANT," acting herein, by mW through their duly authorized representatives.
WITNESSETH, that In oonsiderstion of the covenants and agreements herein contained,
the parties hereto do mutually agree as follows:
ARTICLE I
EMPLOYMENT OF CONSULTANT
The OWNER hereby contracts with the CONSULTANT, as an Independent contractor,
and the CONSULTANT hereby agrees to perform the services heroin in connection with the
Project as stated in the sections to follow, with diligence and in accordance with the highest
professional standards customarily obtained for such services In the State of Texas. The
professional services set out herein are in connection with the following described project:
I
The Project shall Include, without limitation, Early Storm Warning System Design and {
Implementation,
I
ARTICLE 11
SCOPE OF ICES
w The CONSULTANT shall perform the following services in a professiorW manner:
i
A. To perform all those services set forth in CONSULTANT's December 1, 1997 letter,
which proposal Is attached hereto and made a part hereof u Exhibit "A" as If written
word for word herein.
B. CONSULTANT shall perform all those services set forth In Individual task orders which
shall be attached to this Agreement and made it part hereof for all purposes u exe . ,
• agreements. If there to any conflict between the terms of this Agreement and the exhibits
attached to this Agreement, the terms and conditions of this Agreement will control over
the terms and conditions of the attached exhibits or task orders.
6
32 X I O
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jjRTICLK III
ADDITIONAL SERVICES
Additional services to be performed by the CONSULTANT, If authorized by the
OWNER, which are not Included in the above-described Basic Services, are described as
follows;
A. During the course of the Project, as requested by OWNER, the CONSULTANT will be
available to accompany OWNER's personnel when meeting with the Texas Natural
Resource Conservation Commission, U.S. Environmental Protecdon Agency, or other
regulatory agencies. The CONSULTANT will assist OWNER's pewnnel on an as.
needed basis in preparing compliance schedules, progress reports, and providing general
technical support for the OWNER's compliance efforts.
B. Assisdng OWNER or contractor in the defense or prosecution of litigation in connection
with or In addition to those services contemplated by this Agreement. Such services, U
any, shall be Rrrnished by CONSULTANT on a fee basis negotiated by the respective
parties outside of and In addition to this Agreement.
C. Sampling, testing, or analysis beyond that specillcally Included in Basic Services.
D. Preparing copies of computer aided drafting (CAD) electronic data bases, drawings, or
files for the OWNER's use In a future CAD system,
E. Preparing applications and supporting documents for government grants, loans, or
planning advances and providing data for detailed applications.
F. Appearing before regulatory agencies or courts as an expert witness in any litigation with
third parties or condemnation proceedings arising from the development or construction
of the Project, Including the preparation of engineering data and reports far assistance to
the OWNER.
0. Providing geotechnkal investigations for the site, Including soil borings, related analyses,
and recommendations.
ARTICLE
PERIOD OF SERVICE
0
This Agreement shall become effective upon execution of this Agreement by the
OWNER and the CONSULTANT and upon Issue of a notice to proceed by the OWNER, and
shall remain In force for the period which may reasonably be required for the completion of the
project, Including Additional Services, if any, and any required extensions approved by the
OWNER, This Agreement may be sooner ternituted In accordance with the provisions hereof.
• Time is of the essence in this Agreement. Tho CONSULTANT shall make all reasonable efforts
to complete the services set forth herein as expeditiously as possible and to meet the schedule
established by the OWNER, acting through its City Manager or his designee,
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ARTICLE V
COMPENSATION
A. COMPENSATION TERMS:
1. "Subcontract Expense" is defined as expenses Incurred by the CONSULTANT in
employment of others In outside rums for services
2. "Direct Non-Labor Expense" is defined as that expense for any assignment
incurred by the CONSULTANT for supplies, transportation and equipment,
travel, communications, subsistence, and lodging away from home, and similar
incidental expenses In connection with that assignment.
B. BILLINO AND PAYMENT: For and in consideration of the professional services to be
performed by the CONSULTANT herein, the OWNER agrees to pay, based on the cost
estimate detail at an hourly rate shown In Exhibit "A" which Is attached hereto and made
a part of this Agreement as if written word for word herein, a total fee, including
reimbursement for direct non-labor expenses not to exceed Thirty-one Thousand Two
Hundred Dollars and No Cents ($31,200,00),
Partial payments to the CONSULTANT will be made on the basis of detailed monthly
statements rendered to and approved by the OWNER through its City Manager or his
designee; however, under no circumstances shall any monthly statement for servicca
exceed the value of the work performed at the time a statement is rendered, The
OWNER may withhold the final five percent (5%) of the contract amount until
completion of the Project.
Nothing contained In Ws Article shall require the OWNER to pay for any work v&Jch Is
unsatisfactory, as reasonably determInrd by the City Manager or his designee, or which is
not submitted In compliance with the terms of this Agreement. The OWNER shall not be
required to make any payments to the CONSULTANT when the CONSULTANT is In
default under this Agreement.
It Is specifically understood and agreed that the CONSULTANT shall not be authorized
to undertake any work pursuant to this Agreement which would require additional
payments by the OWNER for any charge, expense, or reimbursement above the
A maximum not to exceed fee as stated, without first having obtained written authorization ,
from the OWNER, The CONSULTANT shall not proceed to perform the services listed
In Article III "Additional Services," without obtaining prior written authorization ftm
the OWNER,
C. ADDITIONAL SERVICES: For additional services authorized In writing by the
OWNER In Article Ili, the CONSULTANT shall be paid based on the Schedule of ` e
0 Charges at an hourly rate shown in Exhibit "A." Payments for additional services shall
be due and payable upon subndialon by the CONSULTANT, and shall be In accordance
with subsection 13 hereof. Statements shall not be submitted more frequently than
monthly,
B
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III
D. PAYMENT; If the OWNER fails to make payments due the CONSULTANT for
services and wipenses within sixty (60) days after receipt of the CONSULTANT's
undisputed statement thereof, the amounts due the CONSULTANT will be Increased by
the rate of one percent (11%) per month from the said sixtieth (60°) day, and, In addition,
the CONSULTANT may, after giving seven (7) days' written nodce to the OWNER,
suspend servloes under this Agreement until the CONSULTANT has been paid In &H all
amounts due for services, expenses, and charges, provided, however, nothing herein shall
require the OWNER to pay the late charge of one percent (1%) set forth herein If the
OWNER reasonably determines that die work to unsatisfactory, to accordance with this
Article V, "Compensation."
ARTICLE VI
OBSERVATION AND REVIEW OF THE WORK
The CONSULTANT will exercise reasonable care and due diligence In discovering and
promptly reporting to the OWNER any defects or deficiencies in the work of the
CONSULTANT or my subconwetom or subcomultants.
ARTICLE vrr
OWNERSHIP OF DOCUMENTS
All documents prepared or ftrnished by the CONSULTANT (and CONSULTANT's
subcontracton or subconsultants) pursuant to thls Agreement are Instruments of service, Md
shall become the property of the OWNER upon the termination of this Agreement. The
CONSULTANT Is entitled to retain coples of all such documents. The documents prepared and
Anmished by the CONSULTANT are Intended only to be applicable to this Project, and
OWNER'a use of these documents In other projects shall be at OWNER's sole risk and expense.
In the event the OWNER uses any of the Information or materials developed pursuant to this
Agreement in another project or for other purposes than specified herein, CONSULTANT U
released from any and all liability relating to their use In that project.
ARTICLE YW
INDEPENDENT CONTRACTOR
r 's CONSULTANT shall provide services to OWNER as an independent contractor, not as
. an employee of the OWNER. CONSULTANT shall not have or claim any right arising from
employee status.
ARTICLE Ix
INDEMNITY AGREEMENT
The CONSULTANT shall Indemnify and save and hold harmless the OWNER and lu
• ollicets, agents, and employees from and against any and all llahlliry, claims, demands, damages,
losses, and expenses, Including, but not limited to court costs and reasonable attorney lees
' incurred by the OWNER, and lnclWing, without limitation, damages for bodily and personal y
injury, death and property damage, resulting from the negligent acts or omissions of the
4
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CONSULTANT or Its officers, shareholders, agents, or employees in the execution, operation, or
performance of this Agreement.
I
Nothing in this Agreement shall be construed to create a liability to any person who is not
a party to this Agreement, and nothing herein shall waive any of the panics' defenses, both at
law or equity, to any claim, cause of action, or litigation filed by anyone not a party to this
Agreement, Including the defense of governmental Immunity, which defenses are hereby
expressly reserved.
INSURANCE
During the performance of the services under this Agreement, CONSULTANT shall
maintain the following Insurance with an insurance company licensed to do business in the State
of Texas by the State Insurance Commission or any successor agency that has a rating with Best
Rate Carters of at least an A• or above:
A. Comprcuensive General Liability Insurance with bodily Injury limits of not less than
1500,000 for each occurrence and not less than 1500,000 in the aggregate, and with
property damage limits of not less than 1100,000 for each occurrence and not less than
1100,000 In the aggregate.
B. Automobile Liability Insurance with bodily Ikury limits of not less than 1500,000 for
each person and not less than 1500,000 for each accident, and with property damage
limits of not less thin 1100,000 for each accident.
C. Worker's Compensation Insurance in accordance with statutory requirements, and
Employers' Liability Insurance with limits of not less than S 100,000 for each accident.
D. Professional Liability Insurance with limits of not less than $1,000,000 annual aggregate.
The CONSULTANT shall fhmish insurance ceniflcates or Insurance policies at the
OWNER's request to evidence such coverages. The Insurance policies shall name the OWNER
as an additional Insured on all such policies, and shall contain a provision that such lnsurance
shall not be canceled or modified without thirty (30) days' prior written notice to OWNER and
CONSULTANT, In such event, the CONSULTANT shall, prior to the effective date of the
change or cancellation, serve substitute policies Aunlshing the same coverage.
ARTICLE XI
ARBITRATION AND ALTERNATE DISPUTE RESOLUTION
The parties may agree to settle any disputes under this Agreement by submitting the i
dispute to arbitration or other means of alternate dispute resolution, such as mediation. No
arbitration or alternate dispute resolution arising out of or relating to this Agreement, Involving
one party's disagreement, may Include the other posy to the disagreement without the other's
approval.
10
~~n 32XIO
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ARTICLE XIII
TERMINATION OF AGREEMENT
A. Notwithstanding any other provision of this Agreement, either party may terminate by
giving thirty (30) days' advance written notice to the other party.
B. This Agreement may be terminated in whole or In part In the event of either party
substantially failing to tWftil Its obligations under this Agreement. No such to ratnadon
will be affectod unless the other party Is given (1) written notice (delivered by oerd$ed
mall, return receipt requested) of intent to terminate and setting forth the reasons
specifying the non-performance, and not lea than thirty (30) calendar days to cure the
failure; and (2) sn opportunity for consultation with the terminating parry prior to
termination.
C, It the Agreement Is terminated prior to completion of the services to be provided
hereunder, CONSULTANT shall immediately cesse alt services and shalt render a final
bill for services to the OWNER within thirty (30) days after the date of termination. The
OWNER 9WI pray CONSULTANT for all services properly rendered and satisfactorily
performed and for reimbursable expenses to termination Incurred prior to the date of
tertnination, In accordance with Article V "Compensation." Should the OWNER
subsequently contract with a new consultant for the continuation of services on the
Project, CONSULTANT shall cooperate In providing Information. 'the CONSULTANT
stall turn over all documents prepared or finished by CONSULTANT pursuant to this
Agreement to the OWNER on or before the date of termination, but may maintain copies
of such documents for Its use,
ARTICLE X1111
RESPONSIBILITY FOR CLAIMS AND LIABILITIES
Approval by the OWNER shall not constitute, nor be deemed a release of the ~
responsibility and liability of the CONSULTANT. Its employees, associates, agents,
subcontractots, and subconsuiutnts for the accuracy and competency of their designs or other
work; nor shall such approval be deemed to be an assumption of such responsibility by the
OWNER for any defect In the design or other work prepared by the CONSULTANT, its
employees, subcontractors, agents, and consultants,
ARTICLE XIIV,
0 NOTICES
All notices, communications, and reports required or permitted under this Agreement
shall be personally delivered or mailed to the respective parties by depositing same In die United
States tnail to the address shown below, cenifled mail, return reeelpt requested, unless otherwise
specified herein. Mailed notices shall be deemed communicated as of three (3) days` mniling: •
~jo
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i
To CONSULTANT; To OWNER:
Ron Wise City of Denton
Application Control Engineering ATTN;Ted Benavidim
11300 North Central Expressway, Suite 602 Title, City Manager `
P.O. Box 497362 213 East McKinney
Oaland, Texas 73049.7362 Denton, Texas 76201
All notices &WI be deemed effective upon receipt by the party to whom such notice Is
given, or within three (3) days` malting,
ENTIRE AGREEMENT
This Agreement, consisting of Ten pages and One exhibit, constitutes the complete and
final expression of the agreement of the parties, and to Intended as a complete and exclusive
statement of the tarns of their agreements, and supersedes all prior contemporaneous offeM
promises, representations, negotiations, discussions, communications, and agreements which f
may have been made In connection with the subject matter hereof,
ARTICLE XVI
SEVERABILMY
)
If any provision of this Agreement Is found or deemed by a court of competent
jurisdiction to be invalid or unenforceable, it shall be considered severable from the remainder of
this Agreement and shall not cause the remainder to be Invalid or unenforceable. In such event,
the parties shall reform this Agreement to replace such suicken provision with a valid sad
enforceable provision which comes as close as possible to expressing the intention of the stricken
provision,
ARTICLE XVII
COMPLIANCE WITH LAWS
The CONSULTANT shall comply with all federal, state, and local laws, rules,
regulations, and ordinances applicable to the work covered hereunder as they may now read or
r , hereinaffer be amended.
DISCRIMINATION ITED
In performing the services required hereunder, the CONSULTANT shall not discriminate
against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or
` physical handicap, •
12
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ARTICLE )QX
PERSONNEL
A. The CONSULTANT represents that it has or will secure, at its own expense, all
personnel required to perform all the services required under this Agreement. Such
personnel shall not be employees or officers of, or have any contractual relations with the
OWNER. CONSULTANT shall Inform the OWNER of any conflict of Interest or
potential conflict of Interest that tray arise during the term of this Agreement.
1 All services required hereunder will be performed by the CONSULTANT or under its
supervision. All personnel engaged in work shall be qualified, and shall be authorized
and permitted under state and local taws to perform such services,
ARTICLE XX
ASSIGNASILMY
The CONSULTANT shall not assign any interest In this Agreement, and shall not
transfer any interest in this Agreement (whether by assignment, novadon, or otherwise) without
the prior written consent of the OWNER.
ART1CLF XXI
MODIFICATION
No waiver or modificatlon of this Agreement or of any covenant, condition, or limitation
herein contained shall be valid unless in writing and duly executed by the party to be charged
therewith, and no evidence of any waiver or modification shall be offered or received In evidence
in any proceed!ng arising between the ponies hereto out of or afYecting this Agreement, or the
rights or obligations of the parties hereunder, and unless such waiver or modification Is In
writing and duly executed; and the parties father agree that the provisions of this section will not
be waived unless as set forth herein,
ARTICLE XXIt
MISCELLANEOUS
A, The following exhibits are attached to and made a part of this Agreement.
Exhibit At December to 1997 letter,
8, CONSULTANT agrees that OWNER shall, until the expiration of three (3) years skier
the final payment under this Agreement, have access to and the right to examine any
directly pertinent books, documents, papers, and records of the CONSULTANT
Involving transactions relating to this Agreement. CONSULTANT agrees that OWNER
shall have access during normal working hours to all necessary CONSULTANT facilities
• and shall be provided adequate and appropriate working space In order to conduct audio
In compliance with this section, OWNER shall give CONSULTANT reasonable advance
notice of Intended audits.
13
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0
M
C. Venue of any salt or couae of action under this Agreement shall lie exclusively in Denton
Couo!y, Texas. This Agreement shall be construed In accordance with the laws of the
State of Texas.
D. For the purpose of this Agreement, the key persons who will perform most of the work
hereunder shall be Ron Wine. However, nothing herein :lull limit CONSULTANT how
using other qualified and competent members of Its firm to perform the services required
hersim.
E. CONSULTANT dull commence, carry on, sad complete any and all projects with all
applicable dispalch, in a sound, economical, and efficient roamer and In accordance with
the provisions hereot In accomplishing the projects, CONSULTANT shall take such
steps as are aWoprlate to ensure that the work Involved is properly coordinated with
related work being carried on by the OWNER.
F. The OWNER shall assist the CONSULTANT by placing at the CONSULTANT's
disposal all available Information pertinent to the Project, including previous reports, my
other data relative to the Project, and arranging for the access thereto, and make all
provision for the CONSULTANT to enter in or upon public and private property as
required for the CONSULTANT to perfomt services under this Agreement.
0. The captions of this Agreement are for Informational purposes only, and shall not In any
way affect the substantive terms or conditions of this Agreement.
IN WITNESS HEREOF, the City of Denton, Texas has caused this Agreement to be
executed by Is duly authorized City Manager, and CONSULTANT has executed this Agreement
through Its duly authorized undersigned offlcer on this the day of
19
CITY OF DENTON, TEXAS
r~ x
` TED BENAVIDES, CITY MANAGER
ATTEST;
) MIFER WALTERS, CITY SECRETARY i,
. f y . I
BY:
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APPROVED AS TO L80AL FORM:
MRSERT L. PROUTY, CITY ATTORNEY
SY:~ r
APPLICATION CONTROL ENOINEERWO
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RON WISE
WI'MESS:
BY.
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AWAZ~
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Apends No,
Apends Item
Oat!
AGENDA INFORMATION SHEET
AGENDA DATES January20,1998
DEPARTMENTS Finance - Purchasing '
ACNII: Kathy DuBose, 349.8228
SUBJECT
AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR THE
NECESSARY REPAIRS TO A 973 CATERPILLAR TRACK LOADER WHICH IS AN
EMERGENCY PURCHASE IN ACCORDANCE WITH THE PROVISIONS OF
STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF
COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE (PURCHASE
ORDER 0 82071 TO DARR EQUIPMENT).
BACKGROUND
None
ESTIMATED CCH .RULE OF PROJECT
14 days alter receipt of order
PRIOR ACTION!sss'VI .1V fCounel - Boards. Commisslonsl
None {
FISCAL INFOMIATION
Funds for repairs to this 973 Caterpillar Track Loader will come from 1997/98 budget
hinds for sublet repairs to motor pool equipment 730-025.0560.8710.
P R IIA$,]F ORDER INFOR311ATION
Purchase Order k 82071 to Darr Equipment In the amount of 529,139,19 is an emergency
purchase for repairs to a 973 Caterpillar Track Loader. The loader Is utilized at the City
of Denton Landfill and is critical to the required operations. No backup equipment exists
and it is critical that this equipment be returned to service as soon as possible.
Emergency purchases are exempt from the bid process is per Chapter 132 Texas Local
Goacmment Code.
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29 y 10 32XIII
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AGENDA INFORMATION SHEET
JANUARY 20, 1998
PAGE 2 OF 2
r
PURCHAS RLPR INF'ORMAT'ION ICOWTI
The unit Is a 1983 model Iractor purchased new In 1985, The primary repair involve
rebuilding the transmission and hydraulic drive motors, The Fleet Services Department
has Inspected the unit and recommends these repairs,
RespectNtly submitted,
Name, Tom D, Shaw, C,P.M•, 3497100
Title; Purchasing Agent
I
I
Attachment fE11 Purchase Order 0 82071 to Darr Equipment
Attachment 02: Quote Nom Darr Equipment
. "I AGODA
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clm., bars, OWN shd boo, DO NOT DUPLICATE
+ Roo No SW No NNr D" 11 23 97 Ops No, 01
Pl/RCNASEVO CITY 9001 a 11EEXXA'i icW1 DEE IOR WAS 14201.4364
DANK EQUIPMENT CO 6401349-1100 DMw METRO 617!297-0042 FAX 5401349.1302
'ENOOA
IAME/ P 0 SOX 540109 DELIVERY CONFIRMATION ONLY C14
MIS ADDRESS FLIRT SIRVICII ~
DALLAS TX 16324-0709 004 TI11AS
OINTONO TA 16201
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VENDOR NO. DAR40000 DELIVERY QUOTED 12 30 91 F05 bNOTINATION BUYER TS TEAMS
001 29139.19 11 VINDOP CAT. E N / A MFG NANI 1.000 290139.19 I
CITY 0 92935
RIO 02366 LABOR AND PARTS
P 09 TOTAL ► 290139.19 a
ON 110 TOTAL I 290139.19
01 730 025 0600 e:10 29x134.19
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6(!CLIUNTS FAVAM A DAYOM I/?L/9%
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PINION IX 76201
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ORDINANCE NO.
AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR THE NECESSARY
REPAIRS TO A 973 CATERPILLAR TRACK LOADER WHICH IS AN EMERGENCY
PURCHASE IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING
SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING
AN EFFECTIVE DATE (PURCHASE ORDER g 82071 TO DARR EQUIPMENT).
WHEREAS, Section 232.022 of the Local Government Code provides that procurement of items
that are only available from one source, including: items that are only available from one source
because of patents, copyrights, secret processes or natural monopolies; films, manuscripts or books;
electricity, gas, water and other utility purchases; captive replacement parts or components for
equipment; and library materials for a public library that are available only from the persons holding
exclusive distribution rights to the materials; need not be submitted to competitive bids; and
WHEREAS. the City Council wishes to procure one or more of the items mentioned in the above
paragraph; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the following purchases of materials, equipment or supplies, as described in
the "Purchase Orders" attached hereto, are hereby approved:
I
PURCHASE
QgQER NUMBER VENDOB AMOUNT
82071 DARR EQUIPMENT $29,139.19
-114 ! ;zECT10,ti' jj. That the acceptance and approval of the above items shall not constitute a contract
between the City and the person submitting the quotation for such items until such person shall
comply with all requirements specified by the Purchasing Department.
• sEf,TJON III. That the City Manager is hereby authorized to execute any contracts relating to
the items specified in Section I and the expenditure of funds pursuant to said contracts Is hereby ! !
authorized.
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SECTIOX IV. That this ordinance shalt become effective immediately upon its passage and
approval
PASSED AND APPROVED this the day of 1996
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
SOLESOURCE
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Agenda No. 1l.
Agenda III
Oaie
AGENDA INFORMATION SHEET
AGENDA DATE: January 20, 1998
DEPARTMENT: Economic Development artment
CM: Ted Benavides
SUBJECT
An ordinance authorizing the City Manager to execute an agreement between the City of
Denton and Don R. Windle, to lease certain premises of the Murtlcipal Airport and
construct and maintain an aircraft hangar and related aviation facilities thereon, and
providing an effective date.
BACKGROUND
Judge Don Windle wishes to lease 14,400 square feet of land at the Denton Municipal
Airport and intends to construct a 4,200 square foot hangar for the purpose of storing
aircraft, U.S. Coast Guard-Auxiliary-type equipment, antique automobiles and office
area. The area in which equipment other than aircraft will be shred Is limited to 30
percent of the total square footage of the building. All equipment being stored, other than
aircraft, will be screened from the public's view.
First and foremost, the facility will be used to house aircraft. However, Judge Windle is
a member of the Coast Guard Auxiliary and is asking permission to store equipment used
in providing volunteer emergency services. In addition, Judge Windle wishes to store
hvo antique automobiles in a portion of the hangar. Staff, members of the Airport
Advisory Board and our Legal Department agree that since the storage area will be
limited to a small portion of the building and screened from public view, and since the
majority of the equipment Is related to providing emergency services, that storage of the
noted non-aviation equipment should be permitted,
LSTIMA ED SCH - ULE OF PROJECT
The lease would become effective February 1, 1998 and continue through the 31a day of
January 2028 (30 years). The lease also provides for two successive renewal terms of ten
years each.
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PRIOR ACTION/RF_VIEW
The Airport Advisory Board recommends approval of the lean, •
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FISCAL INFORMATION
The lease rate for this property is 15 cents per square foot or $2,160 per year, payable in
twelve monthly installments of S 180.00. +
Jv1AP
A survey, which indicates the location of the tract of land to be leased, is provided In the
lease document (pages 21.24 of your backup).
Respectfully submitted:
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Linda Ratliff, Director
Economic Development Department
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ORDINANCE NO. r
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT BETWEEN THE CITY OF DENTON AND DON R- WFNDLE, TO LEASE
CERTAIN PREMISES OF THE MUNICIPAL AIRPORT AND CONSTRUCT AND
MAINTAIN AN AIRCRAFT HANGAR AND RELATED AVIATION FACILITIES
THEREON; AND PROVIDING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the City Manager is authorized to execute a lease agreement between
the City of Denton, Texas and Don R. Windle to lease certain premises of the Municipal Airport
and construct and maintain an aircraft hangar and related aviation facilities thereon, under the
terms and conditions contained within this Agreement, which is attached hereto and made a part
hereof.
SECTION 11. That this ordinance shall become effective immediately upon its passage
and approval.
PASSED AND APPROVED this the day of . 1998•
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L. PROUTY, CITY ATTORNEY
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AIRPORT LEASE AGREEMENT
COMMERCIAL OPERATOR
THE STATE OF TEXAS $
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON 4
This lease is made and executed this day of , 1998, at Denton,
Texas, by and between the City of Denton, Texas, a municipal corporation, hereinafter referred to
as "Lessor," and Don R. Windle, his heirs, permitted successors and assigns having his permanent
mailing address at P. 0. Sox 1009, Denton, Texas, 76202.1009, hercinafler referred to as "Lessee."
WITNESSETH:
WHEREAS, Lessor now owns, controls and operates the Municipal Airport (Airport) in the
City of Denton, County of Denton, State of Texas; and
WHEREAS, Lessee desires to lease certain premises on said airport and construct and
maintain an aircraft hangar and related aviation facilities thereon; and
NOW, THEREFORE, for and in consideration of the promises and the mutual covenants
contained in this Agreement, the panics agree as follows:
1. CONDITIONS OF AGREEMENT
NOTWITHSTANDING ANY LANGUAGE TO THE CONTRARY HEREINAFTER
CONTAINED, THE LANGUAGE IN PARAGRAPHS A THROUGH D OF THIS SECTION
SHALL BE BINDING.
A. PRINCIPLES OF OPERATIONS. The right to conduct aeronautical activities for
furnishing services to the public is granted Lessee subject to Lessee agreeing:
•
I. To famish said services on a fair, equal and not unjustly discriminatory basis to all
users thereof; and
2. To charge fair, reasonable and not unjustly discriminatory prices for each unit or
service; provided, that Lessee may be allowed to make reasonable and nondiscriminatory
discounts, rebates, or other similar types of price reductions to volume purchasers. ! •
B. NON-DISCRIMINATION: Lessee, for himself, his personal representatives,
successors and interests, and assigns, as a pan of the consideration hereof, does hereby covenant
and agree Ps a covenant running with the land that:
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1. No person on the grounds of race, religion, color, sex, or national origin shall be
excluded from participation in, denied the benefits of, or be otherwise subjected to dis-
crimination in the use of said facilities;
2. In the construction of any improvements on, over, or under such land and the
furnishings of services thereon, no person on the grounds of race, religion, color, sex, or na-
tional origin shall be excluded from participation in, denied the benefits of, or otherwise be
subjected to discrimination;
3. Lessee shall use the premises in compliance with all other requiremer ; aposed by
or pursuant to Title J0. Code of Federal Regulations, Department of Transportation, Subti-
tle A, Office of the Secretary, Part 21, 74ondiscrimination in Federally assisted programs of
the Department of Transportation • Effectual of Title VI of the Civil Rights Act of 1964, as
said Regulations maybe amended.
C. RIGHT OF INDIVIDUALS TO MAINTAIN AIRCRAFT, It is clearly understood
by Lessee that no right or privilege has been granted which would prevent any person, firm or
corporation operating aircraft on the airport from performing any services on its own aircraft with
its own regular employees (including, but not limited to, maintenance and repair) that it may choose
to perform,
D. NON-EXCLUSIVE RIGHT. It is understood and agreed that nothing herein
containerd shall be construed to grant or authorize the granting of an exclusive right within the
meaning of Title 49 U.S.C, Appendix §1349,
E. PUBLIC AREAS.
1. Lessor reserves the right to further develop or improve the landing area of the
airport as it sees fit, regardless of the desires or views of Lessee, and without interference or
hindrance,
2. Lessor shall be obligated to maintain and keep in repair the landing area of the
airport and all publicly owned facilities of the airport, together with the right to direct and
control all activities of Lessee in this regard subject to the rights, duties and responsibilities
of the Parties set out herein.
3. During time or war or national emergency, Lessor shall have the right to lease the
landing area or any part thereof to the United States Government for military or naval use,
and, if such lease is executed, the provisions of this instrument insofar as they are inconsis•
lent with the provisions of the lease to the Government, shall be suspended.
• 4. Lessor reserves the right to take any action it consider necessary to protect the ! •
aerial approaches of the airport against obstruction, logethet with the right to prevent Lessee
from erecting, or permitting to be erecled, any building or other structure on or adjacent to
the airport which, in the opinion of Lessor, would limit the usefuiness or safety of the air-
port or constitute a Ward to aircraft or to eircr&A navigation.
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5. This Lease shall be subordinate to the provisions of airy existing or future agreement
between Lessor and the United States or agency thereof, relative to the operation or mainte-
nance of the airport.
IL LEASED PREMISES ,
Lessor, for end in consideration of the covenants and agreements herein contained, to be kept
by Lessee, does hereby demise and lease unto Lessee, and Lessee does hereby hire and take from
Lessor, the following described land situated in Denton County, Texas:
A. LAND: A tract or land, containing approximately 14,440 square feet, being 80' x
180', and containing approximately 0.331 acres, drawn and outlined on Exhibit "A," and legally
described in Exhibit "B," together with a right of first refusal under term set out herein to lease the
adjacent and contiguous 18,000 square feet of land, being 100' x 180' and conWining approximately
0.413 acres of land (the "Contiguous Property") and legally descrbed in Exhibit "C" and drawn and
outlined on Exhibit "D." Exhibits A, B, C and D ue incorporated heron by reference, The right of
first refusal as to the "Contiguous Property" shall be on terms set out in VRB, herein.
Together with the right of ingress and egress to said property; and the right in common with
others so authorized of passage upon the Airport property generally, subject to reasonable regulations
by the City of Denton and such rights "I extend to Lessee's employees, passengers, patrons and
invitees, For purposes of this agreement, the term "Premises" shall mean all property located within
the metes and bounds described and identified within Exhibit "B", including leasehold improvements
constructed by the Lessee, but not including certain easements or property owned and/or controlled by
the Lessor,
B. ~Mvanvl M> tvrs PROVIDED BY LESSOR: NOW There will be no improve.
meets provided by lessor, except as set forth in Article 11 D. "Access to Utilities" below.
For the purpose of this Agreement, the term "Lessor improvements" shall mean those things on
the leased premises belonging to, constructed by, or to be constructed by Lessor, which enhances or
increases, or will enhance or increase, the value or quality of the leased land or property. Unless
otherwise noted herein, all Lessor improvements are and will remain the property of lessor All
Lessor improvements must be described in detail above, or above referenced and attached to this
Agreement in an exhibit approved by Lessor.
C. EASEMENTS. Lessor and Lessee by mutual agreement may establish, on the lease
premises, easements for public access on roads and taxiways.
D. ACCESS TO UTILITIES. Lessor represent that there are water lines within too feet
and 3-phase electricity lines within 100 feet of the leased premises available to "tap-in" by Lessee, and
• that the same are sufficient for usual and customary service on the leased premises and that the aircraA • •
taxiway will be extended, if and as necessary, at Lessee's expense to connect to Lessee's ramp in
accordance with Lessor's plans and specifications for taxiways.
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The term of this Agreement shall be for a period of 30 years, commencing on the 1' day of
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February, 1998, and continuing through the 3V day of January, 2028, unless earlier terminated
under the provisions of the Agreement. Lessee shall have the option to extend the term of this lease
for two (2) successive renewal terms of ten (10) years each. The Lessor shall give Lessee one
hundred eighty (180) days written notice of the expiration of the initial lease and, if applicable, '
similar notice of the expiration of the first renewal term. Should Lessee desire to exercise either of
the options above, then ninety (90) days prior to the expiration of the initial term and, if applicable,
the first renewal term, lessee shall complete negotiations for renewal(s) of this lease with Lessor.
The rental and terms to be negotiated shall be reasonable and consistent with the then value, rentals
and terns of similar property on the airport taking into consideration that if Lessor and Lessee are
unable to agree to terms for the first renewal term, Lessor must purchase property per VIILC.4.
The Lessor shall not unreasonably withhold consent or approval for the above referenced renewal
terms.
IV. PAYMENTS, RENTALS AND FEES
Lessee covenants and agrees to pay Lessor, as consideration for this lease, the following
payments, rentals and fees:
A. LAND RENTAL shall be due and payable in the stun of 150 per square foot or Two
Thousand One Hundred Sixty Dollars (S2,160.00) per year, payable in twelve (12) equal monthly
installments in the sum of One Hundred Eighty Dollars ($180.00) in advance, on or before the first
day of each and every month during the term of this agreement. Lessee has the option to pay
annually in advance at election of Lessee. The rental for the initial term and the two (2) ten (10)
year renewal periods, if applicable, will be adjusted annually based on the consumer price index
criteria in Section IV.D.
Notwithstanding the foregoing, the annual lease rental is to be reduced by the product of
150 per square foot, as adjusted by the CP1•U referenced in Section 1V.D., times the number of
square feet comprising all easements established in accordance with Articlo I1.C.
Lessee shall be entitled to a proportional refund for any rental paid as required above for
any period of delay in obtaining approval in the progress of the design and construction of the
hangar authorized herein, in tyccss of sixty (60) days from the filing by Lessee of its (1) plans and
specifications for the construction of Lessee's hangar or (2) application for a building permit for
• Lessee's hangar, if the delay in the approval of the applicable documents is not caused by such
plans and speci fications or application being deficient or failure of the Lessee to timely correct a
deficiency in the applicable documents filed with the City of Denton by Lessee provided said
deficiency is identified specifically to Lessee in a timely manner.
B. LESSOR IMPROVEMENTS RENTALS. NONE: There are no Lessor improve.
ments on the leased premises.
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y, C. PAYMENT, PENALTY, ADJUSTMENTS. All payments made hereunder by
+ Lessee shall be made to Lessor at the offices of the Finance Department of the City of Denton,
Accounts Receivable, 215 E. McKinney, Denton, Texas, unless otherwise designated In writing
by the Lessor. All monthly rental payments shall be due and payable on or before the first day of
each month and shall be paid by Lessee without demand or notice from Lessor. All rental
amounts paid by Lessee after the twentieth (20"'i) day of the month will be delinquent and shall
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include an additional monetary amount (penalty) which shall equal five percent (5%) of the
rental amount due. If payments are not received by the first of the subsequent month, an
additional penalty of 1% of the unpaid rental amount Mil be due. A 1% charge will be added on
the first of each subsequent month until unpaid rental payment is made. Failure to pay the rent or
penalty amounts on delinquent rent shall constitute an event of default of this Lease.
D. CPI-U. The yearly rental for land and improvements herein leased shall be
readjusted at the end of each year period during the initial term of this lease, and during the renewal
terms after the beginning rental is agreed to by the parties as set forth in Section Ill., on the basis of
the proportion that the then current United Stares Consumet Price Ind" for all urban consumers
(CPI-U) for the Dallas-Fort Worth geographicd region, as compiled by the U.S. Department of
Labor, Bureau of Labor Statistics bears to the applicable index at the execution of this contract. The
original land rental amount is based upon 150 per square foot per year for the land herein leased.
Each rental adjustment, if any, shall occur on the V day of February, beginning 1999, and every
year thereafter on such date,
The adjustments in the yearly rent shall be determined by multiplying the minimum yearly
rent as set forth in Section IV.A. by a fraction, the numerator of which is the index number for the
last month prior to the adjustment, and the denominator of which is the index number applicable at
the execution of the contract. If the product of this multiplication is greater than the minimum
yearly rent as set forth in Section IV,A., Lessee shall pay this greater amount as the yearly rent until
the time of the next rental adjustment as called for in this section. If the product of this multiplica-
tion is less than the minimum yearly rent as set forth in Section [V.A., there shall be no adjustment
in the annual rent at that time, and Lessee shall pay the minimum yearly rent as set forth in Section
1V,A., until the time of the next rental adjustment as called for in this section. In no event shall any
rental adjustment called for in this section result in an annual rent less than the minimum yearly
rent as set forth in Section IV.A. The adjustment shall be limited so that the annual rental payment
determined for any given you shall not exceed the annual rental payment calculated for the
previous year by more than ten percent (I Tle).
If the consumer price index for all urban consumers (CPI-U) for the Dallas-Fort Worth
geographical region, as compiled by the U.S. Department of Labor, Bureau of Labor statistics, is
discontinued during the term of this lease, the remaining rental adjustments called for in this section
shall be made using the formula set forth in Subsection (a) above, but substituting the index
numbers for the Consumer Price Index•Scasonully Adjusted U.S. City Average For All Items For
All Urban Consumers (CPI-U) for the index numbers for the CPI-U applicable to the Dallas-Fort
Worth geographical region. If both the CPI-U for the Dallas-Fort Worth geographical region and
the U,& City Average are discontinued during the term of this lease, the remaining rental adjust-
ments called for in this section shall be made using the statistics of the Bureau of Labor Statistics of
the Uni?ed States Department of Labor that are most nearly comparable to the CPI-U applicable to
the Dallas Tort Worth geographical region. If the Bureau of Labor Statistics of the United States
• Department of Labor ceases to exist or ceases to publish statistics concerning the purchasing power
of the consumer dollar during the term of this lease, the remaining rental adjustments called for in
this section shall be made using the most nearly comparable statistics published by a recognized
financial authority selected by Lessor,
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V. RIGHTS AND OBLIGATIONS OF LESSEE 1
A. USE OF LEASED PREMISES. Lessee is granted the non-exclusive privilege to
engage in or provide the following! i
1. Hangar Leases and Rental. The rental or lease of hangars and hangar space and
related facilities upon the leased premises.
2. Office Space Lease or Rental. The rental or lease of office space in or adjoining
Lessee's hangars.
3. Aircraft Storage and Tie Down. To provide parking, storage and tie down service,
for both Lessee's and itinerant aircraft upon or within the leased premises.
Lessee, his tenants and sublessees shall not be authorized to conduct any services not
specifically listed in this agreement. The use of the lease premises by the tenants or sublessees of
Lessee shall be limited to only those commercial, retail or industrial activities having to do with or
related to airports and aviation. No person, business or corporation may operate a commercial,
retail or industrial business upon the premises of Lessee or upon the Airport without a lease or
license from Lessor authorizing such commercial, retail or industrial activity. The Lessor shall not
unreasonably withhold authorization to conduct aeronautical or related services. Private, personal,
non-commercial or public services uses are permitted and controlled pursuant to the provisions of
paragraph V,A.4. below.
4. Up to 30% of ground floor area may be used for office spats and storage of non-
aviation equipment by Lessee if hangar has total ground floor area in excess of 4,000 sq. ft.
Should hangar constructed by Lessee per this lease have a ground floor area in excess of
4,000 sq. ft., then this section becomes operational. It is agreed and understood that the sole
and only commercial , retail, and industrial activities permitted to be conducted by tenants,
sublessees and individuals (other than Lessee personally) on the leased premises arc thow
which involve aircraft or directly related aviation and support activities as described In
paragraph V.A.1,2, and 3 hereof It is further agreed and understood that the primary per.
r milted private or personal uses by Lessee, individually, of the ground floor of the leased
premises are those which relate to aviation and aircraft as described generally on paragraph
V.A.1,2, and 3 hereof 1lowcvcr, it is further agreed and understood that Lessee, individu-
ally, is specifically permitted to make additional personal, private, non-commercial secon-
dary use of the interior of the hangar floor area; first, for storage of watercraft, trailers, and
other U.S. Coast Guard-Auxiliary-type equipment, directly utilized in providing volunteer
emergency services, with such equipment being signed, labeled, or bearing placards with
insignia indicating the emergency service for which it is utilized (e.g. U.S. Coast Guard
i Auxiliary, Red Cross, Civil Air Patrol, quasi-governmental entity or eta); second, for the
storage of equipment and'or vehicles (which are operational in compliance with the Nui-
sance Chapter of the City Code and State Law); third, on the mezzanine level of the hangar,
the level above the hangar floor area (e, g. the storage area above the ceiling of an office) for
any purpose (it is further understood that the mezzanine square footage shall be excluded
from calculation of the 30019 permissible non aviation space use inside the hangar facility,
In addition, mezzanine square footage shall be and is hereby agreed to be excluded from
WINNEAIRPORrlrA5E-W&6 9
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calculation of total hangar square footage in calculating the 4,000 sq. ft. minimum hangar
size requirement for the operation of paragraph V,A.4,1 providing the following conditions
and requirements are met and maintained by Lessee regarding all personal, private, non-
commercial secondary use:
a. Uses permitted pursuant to paragraph V,A.4, are and shall remain secondary to
aviation and aircraft storage.
b. Uses permitted in paragraph V.A.4. shall be limited to the inside of the building
except for necessary ingress and egress and shalt be located in the portions of the hangar
and in such a manner to screen and limit regular, ongoing, or continuing visibility of non-
aviation related equipment from the taxiway with open hangar doors or from a perimeter or
off airport thoroughfare of street right-of-way.
C. Under no circumstances shall non-aviation related storage in conjunction with
Office Space occupy more than thirty percent (30°/a) of the hangar floor area (excluding
mezzanine) and no motor vehicles shall be parked outsi: a the hangar except as provided
under paragraph XIV or where vehicles are parked by a customer or sublessee while an air-
craft stored in the hangar is being flown or where vehicles are present for the conduct of
quasi governmental, public service activities or business of lessee is being transacted.
d. Uses permitted under V,A.4, do not include any storage or housing of any non-
aviation related equipment anywhere outside any building on the leased premises.
C. Uses permitted under V,AA. do not include or allow the conduct of any activity
primarily carved on for commercial, retail, or industrial purposes which is not aviation or
aircraft related. Said uses include only Lessee's individual, personal and/or private uses and
uses in furtherance of Lessee's participation, duties, and responsibilities In the U.S. Coast
Guard Auxiliary, Red Cross, Civil Air Patrol, quasi-governmental entity, etc., or a Reserve-
type support, aviation, and/or surface operations.
E Uses permitted or limitations imposed on Lessee under V.A.4, do not restrict,
prohibit, or abridge the scope of uses permitted to Lessee pursuant to V.A. 1 or 3 or other
provisions of this lease agreement not discussed specifically in V.A,4.,
• g, Nothing herein shall be construed to permit the conduct of any (1) toxic or
hazardous activities or storage of any such materials on the leased premises or (2) motor
vehicular repair (other than emergency repairs of the lype generally provided by an entity
contracting with TXDOT to remove stranded vehicles from a controlled access highway
[c.g, changing tires, boosting battery, etc.)),
• D, STANDARDS, Lessee shall meet or exceed the following standards: r •
1, Address. Lessee shall file with the Airport Manager and keep current his mailing
addresses, telephone numbers and contacts where he can be reached In an emergency.
1. List, Lessee shall rile with the Airport Manager within thirty (30) days of any
written request and keep current a list of his tenants and sublessees.
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3. Conduct. Lessee shall contractually require his employees and sublessees (and
sublessee's invitees) to abide by the terms of this agreement. Lessee shall promptly enforce
his contractual rights in the event of a default of such covenants. `
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4. Utilities, Taxes and Fees. Lessee shall meet all expenses and payments in
connection with the use of the Premises and the rights and privileges herein granted, in-
cluding the timely payment of utilities, taxes, permit fees, license fees and assessments law-
fully Ic dod or assessed.
S. Laws. Lessee shall comply with all current and future federal, btate and local laws,
rules srid regulations which may apply to the conduct of business contemplated, including
rules, regulations and ordinances promulgated by Lessor, and Lessee shall keep In effect
and post in a prominent place all necessary and/or required licenses or permits.
6. Maintenance of Prope . Lessee shall be responsible for the maintenance, repair
and upkeep of all property, buildings, structures and improvements, including the mowing
or elimination of grass and other vegetation on the Premises, and shall keep said Premises
neat, clean and in respectable condition, free from any objectionable matter or thing. Lessee
agrees not to utilize or permit others to utilize areas on the leased premises which are lo-
cated on the outside of any hangar or building for the storage of wrecked or permanently '
disabled aircraft, aircraft parts, automobiles, vehicles of any type, or any other equipment or
items which would distract from the appearance of the leased premises. Lessee agrees that
at no time shall the leased premises be used for a flea market type sales operation.
7. Unauthorized use of premises. Lessee may not use any of the leased land or
premises for the operation of a motel, hotel, restaurant, private club or bar, apartment house,
or for industrial, commercial or retail purposes, except as authorized herein.
8. Dwellings. It is expressly understood and agreed that no permanent dwelling or
domicile may be built, moved to or established on or within the leased premises nor may
lessee, his tenants, Invitees, or guests be permitted to reside or remain as a resident on or
within the leased premises or other airport premises save and except Lessee may temporar•
s ily reside on the premises for brief periods (usually less than one week in length), if neces-
sary, in compliance with providing public service duties as may arise in fulfillment of the
• obligations referencel in paragraph V.A.4. (e,g. tearch and rescue, public service or disaster
relief participation).
9, suit Possession. Lessee shall quit possession of all premises leased herein at the
end of the primary term of this lease or any renewal or extension thereof, and deliver up the
premises to Lessor in as good condition as existed when possession was taken by Lessee,
• rcavonable wear and tear excepted. • •
10. Hold Harmless. Lessee shall Indemnify and hold harmless Lessor from and
against all loss and damages, Including death, personal Injury, lose of property or /
other damages, arising or resulting from the operation of Lessee's business In and
upon the leased premises.
WIVDtt AIRPORT IEASE - PAGE I
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l i . Chemicals. Lessee agrees to properly store, collect and dispose of all chemicals and k
chemical residues; to properly store, confine, collect and dispose of all paint, including paint
spray in the atmosphere, and paint products; and to comply with all Local, Stale and Federal
regulations governing the storage, handling or disposal of such chemicals and paints.
12, Hazardous Activities. Should Lessee violate any law, rule, restriction or regulation
of the City of Denton or the Federal Aviation Administration, or should the Lessee engage
in or permit other persons or agents to engage in activities which could produce hazards or
obstruction to air navigation, obstructions to visibility or interference with any aircraft navi-
gational aid station or device, whether airbome or on the ground, then Lessor shall state
such violation in writing and deliver written notice to Lessee or Lessee's agent on the leased
premises, or to the person(s) on the leased premises who are causing said violation(s), and
upon delivery of such written notice, Lessor shall have the right to demand that the per-
son(s) responsible for the violation(s) cease and desist from all such activity creating the
violation(s). In such event, Lessor shall have the right to demand that corrective action, as
required, be commenced immediately to restore the leased premises into conformance with
the particular law, rule or aeronautical regulation being violated. Should Lessee, Lessee's
agent, or the person(;) responsible for the violation(s) fail to cease and desist from said
violation(s) and to immediately commence correcting the violation(s), and to complete said
corrections within twenty-four (24) hours following written notification, then Lessor shall
have the right to enter onto the leased premises and correct the violation(s), and Lessor shall
not be responsible for any damages incurred to any improvements on the leased premises as
a result of the corrective action process.
13. Painting of Exterior of Hangar During the original term of this Lease and during
each extension, Lessor shall have the right to require, not more than once every rive years,
that the metal exterior of hangar(s) or buildings(s) located on the premises be reviewed by
the Airport Advisory Board for the purpose or determining whether painting of the exteriors
of such buildings or hangar !s necessary. If the Airport Advisory Board determines paint-
ing is necessary, it shall furnish a recommendation to this effect to the City Council. Vie
Council, may, upon the Board's recommendation, require Lessee to repaint said exteriors
according to Lessor's specifications (to specify color of paint, quality of workmanship and
the year and month in which the hangar(s) or building(s) are to be painted, if needed). Les-
see shall complete the painting in accordance with such specifications within six (6) months
of receipt of notice from Lessor. Lessee agrees to pay all costs and expense Involved in the
• hangar or building painting process. Failure of Lessee to complete the painting required by
Lessor's City Council within the six (6) month period shall constitute Lessee's default un-
der this Lease.
C, SIGNS. During the term of this Agreemeia, Lessee shall have the right, at its own
expense, to place in or on the lease Premises signs identifying Lessee. Said signs shall be oft size,
r . shape and design, and at a location or locations, approved by the Lessor and In conformance with • •
any overall directional graphics or sign program established by Lessor for the Airport. Lessor's
approval shall not be withheld unreasonably. Said signs shall be maintained in good repair
throughout the term of this agreement. Notwithstanding any other provision of this agreement, said /
signs shall remain the property of lessee. Lessee shall remove, at its expense, all lettering, signs
and placards so erected on the premises at the expiration of the terns of this Agreement or exten-
sions thereof.
WtNDLE A IKM KT LEASE - PAGE 9 12
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Vl. COVENANTS BY LESSOR
f
Lessor hereby agrees as follows:
A. PEACEFUL ENJOYMENT. That on payment of rent, fees, and performance of the
covenants and agreements on the part of Lessee to be performed hereunder, Lessee shall peaceably
hold and enjoy the leased premises and all rights and privileges herein granted;
B. COMPLIANCE. Lessor warrants and represents that in the establishment,
construction and operation of said Denton Municipal Airport, that Lessor has heretofore and at this
time is complying with all existing rules, regulations, and criteria distributed by the Federal
Aviation Administration, or any other governmental authority relating to and including, but not
limited to, noise abatement, air rights and easements over adjoining and contiguous areas, over-
flight in landing or takeoff, to the end that Lessee will not be legally liable for any action of trespass
or similar cause of action by virtue of any aerial operations of adjoining property in the course of
nomtal take-off and landing procedures from said Denton Municipal Airport; Lessor further
warrants and represents that at all times during the term hereof, or any renewal or extension of
same, that it will continue to comply with the foregoing.
VII. SPECIAL CONDITiONS
It is expressly understood and agreed by and between Lessor and Lessee that this lease
agreement is subject to the following special terms and conditions.
A. RUNWAYS AND TAXIWAYS. That because of tlu; present sixty thousand
(60,000) pound continuous use weight bearing capacity of the runway an i taxiways of the Airport,
Lessee herein agrees to limit all aeronautical activity including landing, take-off and taxiing, to
aircraft having an actual weiglit, including the weight of its fuel, of sixty thousand (60,000) pounds
or less, until such time that the runway and designated taxiways on the Airport have been improved
to handle aircraft of such excessive weights. It is further agreed that, based on qualified engineer-
ing studies, the weight restrictions and provisions of this clause may be adjusted, up or down, and
that Lessee agrees to abide by any such changes or revisions as such studies may dictate. "Aero-
nautical Activity" referred to in this clause shall include that activity of the lessee or its agents or
subcontractors, and its customers and invitees, but shall not Include those activities over which it {
has no solicitory part or control, such as an unsolicited or unscheduled or emergency landing. A
! pattem of negligent disregard of the provisions of this section shall be sufficient to cause the
immediate termination of this entire Agreement and subject Lessee to liability for any damages to {
the Airport that might result.
B. RIGHT OF FIRST REFUSAL. Sbould Lessor receive a bona fide ofler from a third
party to lease the Contiguous Property during the term of the Lem, Lessee shall have thirty (30)
! days from the receipt of written notice thereof from Lessor to meet such third party's offer. If
! !
Lessee fai Is to a ffer an amount to Lessor equal to the amount offered by the third party to lease the
'sIIP Contiguous Property within such thirty (30) day period, the right of first refusal In favor of Lessee
shal I expire, and Lessor shall be free to lease the Contiguous Property to the third party.
i
WINW.r. ArRMRT toss WA io 13
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Vlll, LEASEHOLD IMPROVEMENTS
A. REQIIREMENT5; Before commencing the construction of any improvements
upon the premises, Lessee shall submit:
1. Documentation, specifications, or design work, to be approved by the Lessor, which
shall establish that the improvements to be built or constructed upon the lease premises are
in conformance with the overall size, shape, color, quality and design, in appearance and
structure of the program established by lessor on the Airport.
2. All plans and specifications showing the location upon the premises of the proposed
construction;
3. The estimated cost of such construction.
No construction may commence until Lessor, acting by its City Council, has approved the
plans and specifications and the location of the improvements, the estimated costs of such construc-
tion and the agreed estimated life of the building or structure. Approval by the City Council shall
not be unreasonably withheld; should the Council fail to deny Lessee's plans end specifications
within sixty (60) days of submission thereof to the Council, such plans and specifications shall be
deemed approved. Documentary evidence of the actual cost of construction on public areas only '
(such as taxiways) shall be delivered by Lessee to Lessors City Manager from time to time as such
costs are paid by Lessee, and Lessor's City Manager is hereby authorized to endorse upon a copy of
this lease filed with the City Secretary of Lessor such actual amounts as he shall have found to have
been paid by Lessee, and the findings of the City Manager when endorsed by him upon said
contract shall be conclusive upon all parties for all purposes of this agreement.
8. ADDITIONAL CONSTRUCTION OR IMPROVEMENTS: Lessee is hereby
authorized to construct upon the land herein leased, at his own cost and expense, buildings,
hangars, and structures, that Lessor and Lessee mutually agree are necessary for use in connection
with the operations authorized by this lease, provided however, before commencing the construc-
tion of any improvements upon the premises, Lessee shall submit plans and specifications for
1 approval by Lessor as specified in Article VIII.A•, above.
C. OWNERSIIIP OF IMPROVEMENTS: All buildings and improvements
constructt I upon the premises by Lessee shall remain the properly of Lessee unless said property
becomes the property of Lessor under the following conditions, terms and provisions:
I. Removal of Buildings, No building or permanent fixture may be removed from the
premises.
2. Assumption. All buildings and Improvements of whatn,er nature remaining upon r
the leased premises at the end of the primary term, or any extension thereof, of this lease
shall automatically become the property of Lessor absolutely in fee without any cost to Les•
sw sor.
3. Building Life, It Is agreed that the life of the building to be constntciod by Lessee
on the properly herein leased is forty (40) years.
WINN F AIRPORT HAS£- WE 11 14
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4. Cancellation. Should this lease be cancelled for any reason before the end of the
forty (40) year expected building life, it is expressly understood and agreed that Lessor re-
serves the right to purchase all buildings, structures and improvements then existing upon '
the premises by tendering to Lessee one fortieth (1/40) of the undeprociated value of such
building for each year remaining on the agreed life of such building. The undepreciated
value of all improvements is to be determined by having such improvements appraised by
three appraisers, one appointed by Lessor, one appointed by Lessee and one appointed by
the two appraisers.
IX. SUBROGATION O MORTGAGEE.
A. Any person, corporation or institution that tends money to Lessee for purchase,
construction or improvement of any hangar, structure, building or improvement on the leased
premises and retains a security interest in said hangar, structure, building or improvement shall,
upon default of Lessee's obligations to said mortgagee, have the right to enter upon said leased
premises and operate or manage said hangar, structure, building or improvement according to the
terms of this Agreement, for a period not to exceed the term of the mortgage with Lessee, or until
the loan is paid in full, whichever comes first, but in no event longer than the term of this lease. it
is expressly understood and agreed that the right of the mortgagee referred to herein is limited and
restricted to those improvements constructed with funds borrowed from mortgagee or purchase
money furnished for the acquisition of same.
B. Lessee shall have the right to place a first mortgage lien upon its leasehold in an
amount not to exceed eighty percent (80%) of the construction cost or current market value of the
leasehold improvements.
C. Lender's duties am rights are as follows:
I. The Lender shall have the right, in case of default, to assume the rights and
obligations of Lessee herein and become a substituted Lessee, with the further right to as-
sign the Lessee's interest to a third party, subject to approval of the Lessor, such approval to
not be unreasonably withheld or delayed. Lender's obligations under this Lease as substi-
tuted Lessee shall cease upon assignment to a third party and approval by the Lessor.
• 2. As a condition precedent to the exercise of the right granted to Lender by this
paragraph, Lender shall notify the Lessor of all action taken by it in the event payments on
such loans shall become delinquent. Lender shall also notify the Lessor, in writing, of any
change in the identity or address of the Lender.
3. All notices of default, as well as all notices required by Article X111 herein
f (Cancellation by Lessor) to be given by the lessor to Lessee shall also be given by the Les-
sot to Lender at the same time and in the same manner, provided the Lessor has been fur-
nished with written notice of Lender's interest and its address. Such notice shall be given to
the City Secretary and the Airport Manager. Upon receipt of such notice, Lender shall have
the same rights as Lessee to correct any default.
WINN F AIRPORT LLASE - PAGE II Is
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X. RIGHT OF EASEMENT
Lessor shall have the right to establish easements, at no cost to Lessee, upon the leased
ground space for the purpose of providing underground utility services to, from or across the airport
property or for the construction of public facilities on the Airport. However, any such easements
shall not interfere with Lessee's use of the leased premises and Lessor shall restore the property to
original condition upon the installation of any utility services on, in, over or under any such
easement or the conclusion of such construction. Construction in or at the easement shall be
completed within a reasonable time.
XI. ASSIGNMENT OF LEASE
1. Lessee expressly covenants that it will not assign this lease, convey more than ten
percent {IO°/u) of the interest in his business, through the sale of stock or otherwise, transfer,
license, nor sublet the whole or any part of the said premises rot any purpose, except for rental of
hangar space for the storage of aircraft or tie-down space, without the written consent of Lessor.
Lessor agrees that it will not unreasonably withhold its approval of such We, sublease, transfer,
license, or assignment of the facilities for the airport related purposes. The provisio:ts of this lease
shal I remain binding upon the assignees, tenants and sublessees, if any, of Lessee, Lessee shall be
responsible for the observance by its tenants, sublessees and assignees of the temJs and conditions
or this lease. In the event that the Lessor determines that a sublessee or assignee is operating a non-
aviation related business or is operating an aviation related business without complying with the
minimum standards applicable thereto, the sublease or assignment may be terminated in the manner
as provided by Article XIII herein for leas".
2. It is agreed arid understood that the named Lessee herein may desire to transfer or
assign Lessee's interest herein to personally owned or family owned entities or enterprises.
Accordingly, Lessor consents and agrees that the following entities shall be permitted assignees at
the election of Lessee without further permission of Lessor:
Windle and Windle Investments, Inc.
Windle Family Partners, LTD
X11. INSURANCE
.
• A. REQUIRED INSURANCE: Lessee shall maintain continuously in effect at all
times during the term of this agreement, at Lessee's expense, the following insurance coverage:
L Comprehensive general liability covering the leased premises, the Lessee or its E
company, its personnel, and Its operations on the P.irport.
• 2. Aircraft liability to cover all flight operations of Lessee. •
3. Fire and extended coverage for replacement value for all facilities used by the
Lessee either as a part of this agreement or erected by the Lessee subsequent to this agree-
ment.
W'14DLE AIRPORT L r.A SE -LACE I J 16
25-10 32 X I ❑
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4. Liability insurance limits shall be in the following minimum amounts:
Bodily Injury and Property Damage: One Million Dollars ($1,000,000) combined
single limits on a per occurrence basis.
5. All policies shall name the City of Denton as an additional narned insured and
provide for a minimum of thirty (30) days written notice to the City prior to the effective
date of any cancellation or lapse of such policy.
6. Al l policies must be approved by the Lessor.
7. The Lessor shall be provided with a copy of all such policies and renewal certifr-
cates.
During the term of this lease, Lessor herein resents the right to adjust or increase the
liability insurance amounts required of the Lessee, and to require any additional rider, provisions, or
certificates of insurance, and Lessee hereby agrees to provide any such insurance requirements as
may be required by Lessor, provided however, that any requirements shall be commensurate with
insurance requirements at other public use airports similar to the Denton Municipal Airport in size
and in scope of aviation activities, located in the southwestern region of the United States. Lessee
herein agrees to comply with all increased or adjusted insurance requirements that may be required
by the Lessor throughout the original or extended term of this lease, including types of insurance
and monetary amounts or limits of insurance, and to comply with said insurance requirements
within ninety (90) days following the receipt of a notice in writing from Lessor stating the increased
or adjusted insurance requirements. Lessee shall have the right to maintain in force both types of
insurance and amounts of insurance which exceed Lessees minimum insurance requirements.
In the event that State law should be amended to require types of insurance and/or insurance
amounts which exceed those of like or similar public use airports in the southwestem region of the
United States of America, then in such event, Lessor shall have the right to require that Lessee
maintain in force types of Insurance and/or amount of insurance as specified by State law.
Failure of Lessee to comply with the minimum specified amounts or types of insurance as
required by Lessor shall constitute Lessee's default of this Lease.
• XIII. CANCELLATION BY LESSOR
In the event that Lessee shall file a voluntary petition in bankruptcy or proceedings in
bankruptcy shall be instituted against it and Lessee thereafter is adjudicated bankrupt pursuant to
such proceedings, or any court shall take jurisdiction of Lessee and its assets pursuant to proceed-
ings brought under the provisions of any Federal reorganization act, or Lessee shall be divested of
1 its estate herein by other operation of law, or Lessee shall fail to perform, keep and observe any of •
the terms, covenants, or conditions herein contained, or on its part to be performed, the Lessor may
give Lessee written notice to correct such condition or cure such default and, if any condition or
default shall continue for sixty (60) days aflcr the receipt of such notice by Lessee, then Lessor may
terminate this lease by written notice to Lessee, subject to any regdired approval by any court of
competent jurisdiction. In the event of default, Lessor has the right to purchase any or all structures
on the [eased premises under the provisions of Section VIII Paragraph CA, (Cancellation) hereof.
WI NIX t AI MR t U ASE - WE 14 17
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XIV. CANCELLATION BY LESSEE
Lessee may cancel this Agreement, in whole or paA, end terminate all or any of its
obligations hereunder at any time, by thirty (30) days written notice, upon or after the happening of
anv one of the following events: (1) issuance by any court of competent jurisdiction of a permanent
injunction in anyway preventing or restraining the use of said airport or any part thereof for airport
ptaposes; (2) the breach by Lessor of any of the wvenants or agreements contained herein and the
fell uto of Lessor to remedy such breach for a period of ninety (90) days after receipt of a written
notice of the existence of such breach; (3) the inability of Lessee to use said picmises and facilities
continuing for a longer period than ninety (90) days due to any law or any order, rule or regulation
of any appropriate govemmental authority having jurisdiction over the operations of Lessor or due
to war, earthquake or other casualty; or (4) the assumption or recapture by the United States
Government, or any authorized agency thereof, of the mairvaance and operation of said airport and
facilities or any substantial part or parts thereof.
I'pon the happening of any of the four events listed in the preceding paragraph, such that
the leased premises cannot be used for aviation purposes, then the Lessee may cancel this lease as
aforesaid, or may elect to continue this lease under its trims, except, however, that the use of the
leased premises shall not be limited to primarily aviation purposes, their use being only limited by
such laws and ordinances as may be applicable at that time.
XV. MISCELLANEOUS PROVISIONS
A. ENTIRE AGREEMENT. This Agreement constitutes the entire understanding
between the parties and as of its effective date supersedes all prior or Independent Agreements
between the parties covering the subject matter hereof. Any change or modification hereof Shari be
in writing signed byboth parties.
B. 131NDINO EFFECT. All covenants, stipulations and agreements herein shall extend
to, bind and inure to the benefit of the legal representatives, successors and assigns of the respective
parties hereto.
C. SEVERABILITY. If a provision hereof shall be finally declared void or illegal by
. any court or administrative agency having jurisdictior, the entire Agreement shall not be void; but
the remaining provisions shall continue in effect as nearly as possible in accordance with the
original Intent of the parties,
D. NOTICE. Any notice given by one party to the other in connection with this
agreement shall be in writing and shall be sent by certified mail, return receipt requested, with
postage and certification fees prepaid as follows:
1, if to Lessor, addressed to;
City Manager
City of Denton
215 E. McKinney
Denton, Texas 96201
w1NrH.r.A1WRTUASE-PAGE 15
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2, If to Lessee, addressed to:
Don R. Windle `
P.O. Box 1009
Denton, Texas 76202.1009
Notices shall be deemed to have been received on the date of receipt as shown on the rcwm
receipt.
E. HEADINGS, The headings used in this Agreement are intended for convenience of
reference only and do not define or limit the scope or meaning of any provision of this Agreement.
F. GOVERNINO LAW. 'T'his Agreement Is to be construed in accordance with the
laws of the State of Texas.
0. MEDIATION. The parties may agree to settle any disputes under this lease by
submitting the dispute to mediation or other means of alternate dispute resolution. No mediation or
alternate dispute resolution, arising out of or relating to Article V.A. of this lease, involving one
party's disagreement may include the other party to the disagreement without the other's approval
H. NO WAIVER. No waiver by Lessor or Lessee of any default or breach of a
covenant or term of this lease may be treated as it waiver of any subsequent default or breach of the
same or any other covenant or term of this Agreement.
1. INDEPENDENT CONTRACTOR. During all times that this Lease is in effect, the
parties agree that Lessee is and shall be deemed to be an Independent contractor and operator and
not an agent or employee of the Lessor with respect to their acts or omissions hereunder. For all the
purposes hereunder, Lessee is and shall be deemed an independent contractor and it Is mutually
agreed that nothing contained herein shall be deemed or construed to constitute a partnership or
joint venture between the parties hereto.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year
i first above written,
r JACK MILLER, MAYOR
i i •
ATTEST,
JENNIFER WALTERS, CITY SECRETARY
WINMEAIRtoRTLEASE- ►AMIt 19
25 n 10 32X I o
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APPROVED AS TO LEGAL FORM:
HERBERT L, PROUTY, CITY ATTORNEY
i
~bON R. WINDLE, LESSEE
STATE OF TEXAS ¢
COUNTY OF DENTON ¢
This instn "t was acknowledged before me on the -akt 6y of
19 (U. by Don R. Windle.
CH815iINF A OICK
Notary PubdC~
vald or texas Notary Public, State of Texas
La Comm Lq*" 3.2.2m)
•
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Agenda ltam
Dats
AGENDA INFORMATION SHEET
AGENDA DATEt January 20,1998
DEPARTMENT, Utilities
ACMt Howard Martin, 349-8232
An ordinance authorizing the Mayor to execute a contingent at; lement with
the City of Dallas and Larry R. Lakes to assume it concession contract under certain
contingencies set forth in the contract; and providing an effective dale,
BACKGROUND,.
Please see attached information provided at the January 13,1998, City Council Work
Session,
PRIOR ACTIONIREVIEWi
PUB approval (January l2, 1998, minutes).
FISCAL INFORMATION,
Should the Cities terminate their lease with the TPWD, the Cities would receive a
percentage of the revenues from the Lantana Lodge development. As long as TPWD
continues to operate the parks, however, the Cities will not receive any revenues.
Please advise if I can provide additional information.
Prepared by,
Jul' mith
E onmen ompliartce Manager
Attachment #1: Ordinance
Attachment #2: Contingent Agreement
t t Attachment 03: TPWD-Lakes Contract
Attachment #4: Backup from 1.13.98 Work Session
1
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ORDNANCE NO. _
AN ORDNANCE AUTHORIZING THE MAYOR TO EXECUTE A CONTINGENT
AGREEMENT WITH THE CITY OF DALLAS AND LARRY R, LAKES TO ASSUME A
CONCESSION CONTRACT UNDER CERTAIN CONTINGENCIES SET FORTH IN THE
CONTRACT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Denton and the City of Dallas have entered into a Patk Manage-
ment Contract with the Texas Parks and Wildlife Department TPWD") and are negotiating j
with TPWD to cancel that contract and to enter into a new Park Management Contract whereby
Denton and Dallas assume management, operation, and replacement responsibilities for all des-
Ignated park areas and access points associated with the Ray Roberts Lake Project; and
WHEREAS, at the same time, Larry R. Lakes is negotiating a Concession Contract with
TPWD to provide concessions and build certain improvements at the Ray Roberts Lake "Jordan
Unit" State Park; and
WHEREAS, the City Council deems it of benefit to the City and In the public interest to
enter into a contract with Larry R. Lakes to continue as concessionaire In the event that Dallas
and Denton are successful in terminating the current Park Management Contract with TPWD and
assuming all the obligations under that Contract, including the assumption of the Concession
Contract; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
USJIOL. That the Mayor, or in his absence, the Mayor Pro Tem, is hereby authorized
to execute the attached Contingent Agreement Between the cities of Dallas and Denton, Texas
and Larry R. Lakes Concerning Potential Concession for Jordan Unit, which is made a part of
this ordinance for all purposes, to assume any Concession Contract entered into between Larry
R. Lakes and TPWD in the event that Dallas and Denton assume responsibilities under the cur-
"r rent Park Management Contract with 7PWD and In the event the other contingencies set forth in
the Concession Contract occur, which Contingent Agreement is attached hereto and made a pan
of this ordinance, occur.
$fgTION l[• That the City Manager be directed to send a true and correct copy or thls
ordinance along with the attached Contingent Agreement to the appropriate official of the City of 4
Dallas, TPWD, and the Corps of Engineers,
tp SECT_to_N III. That this ordinance shall become effective immediately upon its passage 0
and approval,
PASSED AND APPROVED this the day of , 1998, /
2
` 2 5x10 32XIO
R
)ACK MILLER, MAYOR
t
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
rw,Nrtcuo. aerww'alMw'CsM aAarrarirn M~~Rmnd
Post 2
32 x b
0
I
CONTINGENT AGREEMENT BETWEEN THE CITIES OF
DALLAS AND DENTON, TEXAS AND LARRY R. LAKES
CONCERNING POTENTIAL CONCESSION FOR JORDAN UNIT
This Agreement is made and entered into as of the day of ,
1998, by and between the city of Dallas, Texas, a Texas municipal corporation, with its principal
office at 1500 Marills, SEN, Dallas, Dallas County, Texas 75201 (hereinafter referred to as
"DALLAS'); the City of Denton. Texas, a Texas municipal corporation. with its principal office
at 215 East McKinney Street, Denton, Denton County, Texas 76201 (hereinafter referred to as
"DENTON'); and Larry R. Lakes, P.O. Box 741, Mansfield, Texas 76063 (hereinafter referred
to as "LAKES'), the parties acting herein individually or by and through their duly authorized
officials:
WiTNESSETH.
WHEREAS, DALLAS and DENTON have contracted with the United States of America
(hereinafter called th-i "GOVERNMENT") under Contract Numbers DACW63-WC-0106 and
DACW63.80-C-0107 to administer project land and water areas for recreation purposes to open.
ate, maintain, and replace facilities located at Ray Roberts Lake and more fully described in
those Contracts (hereinafter referred to as "GOVERNMENT CONTRACTS'); and
WHEREAS, DALLAS and DENTON have entered Into that Park Management Contract
between Texas Parks and Wildlife Department (hereinafter referred to as "TPWD') dated June 3,
1491, whereby TPWD assumes responsibility for all the operation, maintenance, and replace-
ment responsibilities of the Cities under the above-mentioned GOVERNMENT CONTRACTS;
and
WHEREAS, DALLAS and DENTON are renegotiating the existing Park Management
Contract with TPWD; and
WHEREAS, at the same time, LAKES is negotiating a Concession Contract for the Jor-
dan Unit with TPWD; and
WHEREAS, LAKES desires to be able to continue any business Interest and concession
operations at the Jordan Unit without interruption in the event that DALLAS and DENTON can-
eel the Park Management Contract with TPWD and assume responsibility for management, op.
• eration, and replacement of the Ray Roberts Lake Project; and
WHEREAS, DALLAS and DENTON believe it Is in the public interest and of benefit to
Ilr the Cities to continue to obtain LAKES as concessionaire for the Jordan Unit, in the event they
assume the Park Management Contract; NOW, THEREFORE,
__.~ICJaxlC]
0
I
IN CONSIDERATION of the promises and the covenants herein contained, the parties
hereto contract as follows:
CONTRACT CONTINGENT
This Agreement shalt be contingent and shall not be in full force and effect until all of the fol-
lowing events or contingencies take place:
L LAKES and TPWD enter into a valid and enforceable Concession Contort for the op-
eration of the Ray Roberts Lake Jordan Unit State Park, substantially in the form of the i
terms and conditions in Exhibit "A", which is attached hereto and made a part of this
Agreement for all purposes.
2. DALLAS and DENTON terminate the existing Park Managem,•nt Contract between them
and TPWD and enter into a binding Park Management Contract where DALLAS and/or'
DENTON agree to assume management, operation, maintenance, and replacement re-
sponsibilities for all of the designated park areas and access points associated with the
Ray Roberts Lake Project.
3. All the parties hereto have executed this Agreement, and, if necessary, the Agreement has
been approved by the United States Corps of Engineers (hereinafter referred to as
"CORPS').
t!.
DALLAS' AND DENfON'S OBLIGATIONS
Subject to the above contingencies being fulfilled and for and In consideration of
LAKES' agreement to continue as concessionaire, DALLAS and DENI'ON agree to assume all
of the obligations and benefits of TPWD or the State in the Concession Contract with LAKES.
Provided, however, nothing in this Agreement or as a result of the assumption of the Concession
Contract shall In any way convey, transfer, effect, or dilute any existing water rights or rights to
waver which DALLAS and DENTON currently have or may acquire In the future. It being the
Intent of the Cities that they retain all right, title, and Interest in said water rights and rights to
water, regardless of any terms in the Concession Contract, Including, without limitation, Section
6.B.1.
LAKES' OBLIGATIONS ` •
J%O Subject to the above contingencies being fulfilled and for and in consideration of DAL-
LAS and DENTON agreeing to assume all obligations of TPWD or the State under the Conces•
Mon Contract, LAKES agrees to continue as concessionaire and to completely fulfill all the teat,:
and obligations under the Concession Contract.
Page 2
25 10 32 X I O
o ,
IV.
MUTUAL. NEGOTIATION
In the event, and only In the event, the Concession Contract has been terminated or is no
longer in existence at the time and all other contingencies have been fulfilled, including that
DALLAS and DENTON have assumed the Park Management Contract from TPWD, then DAL-
LAS, DEIdTON, and LAKES agree to use their beat effotU to negotiate a Concession Contract,
substantially similar to the attached Exhibit "A".
V.
LAWS AND REGULATIONS
LAKES shall fully comply with all applicable local, state, and federal laws and regula-
tions, including, but not limited to Section 13.20 of the Code of Ordinances of DENTON relat•
ing to food service establishments, and shall obtain a permit as require for food service estab-
lishments, pay the application fee, and comply with all other applicable requirements of Chapter
13 "Food and Food Service Establishments" of the Code of Ordinances of DENTON,
Vi.
SUBORDINATE TO CONTRACTS
The parties understand and agree that this Agreement is subordinate to and subject to all
of the terms and conditions contained In the GOVERNMENT CONTRACTS described above,
and is also further tubject to any contingencies in the Concession Contract, Including, without
limitation, LAKES' completion of the additional phases of the Jordan Unit Project as act forth in
the Jordan Resort Prospectus between TPWD (State) and LAKES.
V1L
CONFLICT OF INTEREST
No officer or employee of DENTON, nor any member of any DENTON board or com-
mission which exercises independent sovereign functions of government shall have any financial
interest, direct or indirect, in this Agreement or the underlying Concession Contract.
Vill.
VENUE
Venue of any suit or cause of action under this Agreement, or in the event of DALLAS'
and DENTON'S assumption of the underlying Concession Contract, shall lie exclusively in
Denton County, Texas, regardless of any venue clause in the Concession Contract to the eon- .
troy.
IN WITNESS HEREOF, the City of Denton, Texas has caused this Agreement to be exa i
cuted by its duly authorized Mayor, in accordance with the attached ordinance passed by its City
Council, and the City of Dallas, Texas has caused thls Agreement to be executed by its duly
authorized , In accordance with the attached ordinance or resolution
Page 3
O kla 32 In
0 '
passed by its City Council, Lary R. Lakes, individually, his executed this Agreement, and a
duly authorized representative of the United States Corps of Engineers has approved this Agree-
ment, in accordance with authori ty granted to him by the federal government.
EXECUTED this the day of .1998.
I
CITY OF DENTON, TEXAS
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
I
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUT'Y, CITY ATTORNEY
j
BY: , i
CITY OF DALLAS, TEXAS
RON KIRK, MAYOR
i
ATTEST:
CITY SECRETARY 4
BY:
Pale 4
r ,
z~x1~ 32XIII
A~
I
I
APPROVED AS TO LEGAL NORM:
CITY ATTORNEY
BY:
Y
1
J [MIA,YO►i...Nn~«a. ~.M...!t.rn.f,.~~W la~,►V.~[
1
1
I
Page 5
5
IW-26-1997 13112 TPWD PL REGION B P.02
o s
STATE (W TEXAS
PARKS AND Wii.pM DEPARTMBM
i
MR LAW-R-LAM
OONCESMONAM
RAYUMTSIAU=ANIM
ST Aft PAM
r
y rt, oovsk!>V(9 m PYIVW
OM AKIL M TIM OUN Drt rbM 14.2017 • •
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9
2a~ 32x0
•
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fM-26-1977 17112 TPWD PL REGION B ! P,a3
D ~ [!S ~ Sily
THE STATE OP TEXAS I
KNOW ALL hON By TW E P WMMS;
COUNTY OF TRAVIS 9
Thin Cw*m made and mfarad Lab by and betweoo the Swe of Tana, wftin dots bdW by the
Polo and Wr'1dldt+' >aepa and hershmAw related to sa to osme aad Lan It L.alaa, P. 0. no
741, MwAWd, Twee, WW, dwltoew ntsr* b ■ the "Conof W4nahr"; (tit do terra
n oud aW io a raassst lbr p opoul Hiaealler rofenW to m Jades Rem hrospiefrd.
~17Lb18~~i:
THAT VVtntlRF AS, dw Pssb and WHdtlfh b~aeln»at is an efmq of 60 lash of Teat, wboriad
b rmd ch"W frith ft mpoiamTrilihr of aoqubiae and mmbbkj6d a rywo of pAft pwW far the
bertavoleut p ban* `
Pa" "Wo otbe ehl vma ad
W11I?RLAS, the aooompl Wow of toe Wd purpmo requires dart lYsa'fa W and wvion bo provided
br de Ak k vldderd toy acid p k p im and to ail p ivw Ward absu be sorckWW onospt to fir
a may be nooeagry for do rooom$Ww mt of Wd purppese, htdudu g ummmodsdm of 60
pAl , Hod
WHMtEAS, tM Sfsrs d Tam hoe em itWf provided PA neoswry &dWa Had urvioas Ind
dulm the Ccmor wedm b aua Imh red opma the ON at imw*k fates Mover the vvwv m
and reO"N of dte swe;
NOW TH MMOVA puaurn ro dw au bo* oaatakfed In Poft ad WiWM Coda Awn, Sodom
1TAIS (Varaoe's Supp 1991). rod fodfa Leese soppiomprlal fhafwD and aoasodfbey dtrar~ the add
putwk in or mw"jm of the muhrd pomim bfraia 1 , r 1 wvs&w and epee b wd wtlo
ado odw of KIM:
A LCTM I. TOM gLcartr.er
(s) This ooe4taot shag be for reel dune` the parlod of time be&ft on the filth day of
Dsaambsr 1997, rod sstd M oo doe I4dl dry of Deoembw 2017, haasht, awepi m k may be
taenWW of bMb provided. No IW of MOW b Va eAd f6lrwmdar.
(b) far pmpow of oo npW m of addldoeal poaw w audkW in the m*m for pWW
adhered b n ft )"do AMM ProapsweI betrvatm do SWe and for Coaeasatood 1 Pop**
addidoeal R"wh ad or raiav%*Oa t In foe teased eoeoes" by elk Oww"oloadee, the Saar will
eaferbm a regtssal in "wd of sraafd toil etisft coon&
1
10
I
25 AD 32x
r
•
0
W)-216-1997 13:17 TPWD PL REGION a P.04
(e
docsip6m Of d* V"odod ) such 10*" dete14 tba AM wcope, and proposed futerandd Wv=Wwt with t oompkte
or mhowA fkilhW sWor +avicee "Id be WOW Fo *4 Perk
NIMW in
The StsM tuthottea dw ConowWnairq &wiq dw term of step Ca*%*, b provide
+ odukMo Aoil AK sad salvias for die public wlddn Bay PAbem Leka (lorded Unisj herein
rdened to In this Cwmsa it 'Park', siluu in Deal= and Cools C =dcs, Shore of Tuu, u
fol*wq,
(I)
wbMR4 Coneuv06M devebpman end opRWM of OW i d e lod®a/omdsrmo mw,
{
P~ per, dupkx cebiae, ale (t) pieoie "Mlioo eoepr,-,pdodos fft
(11) poo k• ter (20) pig 3* plays mdamssuoet lla UhW And axrapoodigg at Fees.
OPft*Aq days and times ens wb)ect to the epprovd of die Perk Mo fter, Any dteratioa of
sad Wilma mum to dvow Ali ooubuWm da be eooordhe b rtes
Texas * Pwkl 4W Ind
BONN for Propaud, A resort oompiv, lotdm L* tray
Rabvi s Lake Swe Teti, dosing do of Mo 30, IM (Prnspechr) awdid a Addcndrrm -earl
merle a pert of d4 oMad for sU psapoea by d* rdmma
(2) A!1 ploy wad +Vea508600 sort be prrpptovad by dr Tom Paris and WUdlife
Depwefo W4 'ills Utoted States Amy Corps of Wmews, and dw Cities cif b" and [kamoo before
ttw an of eoosbucooa. ConotaiwWre shad complete tall o=uuctim to the Mid lwoAcdw of
the Swe, withie I S monal Sher approval of all ptwww wd speo&wjonr,
(3) The emuw stet of the wotwdae for these MUtia shill be Paid by the
Cwcookaske ad at w ow to the Stele.
(b) 'tbe Stowe reetrves dw right b dwlmbw and ooebul she ashom and type of m&dmmree end
swrvioes whM may be soW whWn the perk by dw C omdre. Cadatmuft to dw foaov*
qudty stood" for ail reeds machon" is seguira&
Non oonowmable roue prodwo should onfix to the E&wh* gjdhy Raub:
raoarme+vebie nMuat and whtswt reeances are to far sale.
(b) Stocked resale metahwediee itlslts should M tub 16e lbUow~ cWPc+tEa:
• ~tttets cattamer axtvenienow ends *Wk vWdgg she pa4
•prcvids ~+ariot~ialerprehdos dperll raotavw
~corpmemorate or (oommemo d" of poo Iait "Wa evoats
Inomate the sped w Park same park system,, of TM
-oaalmmk* perks dwme of rdaled perk 6WOy
(c) PA WO Mtrcbaadue drools rote dw "A's market and arbour mk
b (d) Rack mw&u&m "W have a atatral took that relkus tbra 0 •
sppewo wud4w ewbwmeal of ttw perk,
(e) ~ the 60&se should be of the W&W qA* for the prioe
11
, f
• 1
Q
tIVJ-r:b-l y5'i I3; 13 TPWD PL REGION 8 P.05
(t) The Oak aleneder or a deal w vAU dowtmiae wi 6WV drada
mwd mdin for the imw awomdw,
(9) PA*wea Ax WMW of rase taardArAft the 44 outside dw qwk
etl Words Actdd be dimW ill n>dt!V to dw park mm".
(b) Reeae pr"xb tdrould indude oua0 i w owNtaleooe and amdty io w *a
WmW y be raogleetc Ax un In waft piralddo& or MtW*
W" ID 7 soothe is dx COD&A of eny "UW bwinaa 8ovrtled by there lawn mutt oanpiy
% Boaind Laws end the TOM wooer SaAtty At
( All rMw egtrip neat =a% eveiLbta for A"t u5J must b• teapec W end epprwed by the
Mo"w' COatatdomkv ebel tadmaia the MW rmW equipnte,tt to a We wadWft to moot
"1* rtda mad "&M M mqubed by kw Fwd! PrxQ riding %M or In boat renal eq*ocm must
be fwoisbed a U S. OHM Gaud approved life *w
(e) 00200 ioodn nary not instep, opwa, provw at taaioeain any Mo&wint uallrertteot
toirropaaw maobtae of any aididoae WMMMWISOVA Atdihy, or wvias wt $maw bantaebove
witb4nt Ma maldnd f o WU WNW wTW" a dK Stge iW uartrti approve Item State as ttid
eppltasdon. Said atiaw apprve"be attached a d& Conbwt
(M atcw " trot oouduw any e6dvily, vd" In the opudon of got is Mofty to
objectionobi a Staae.
i
(d
Wom the (baoeeshlnefre shall M ain and oPeraas et CwowlooeWt owo ooek ~k and
Sayma ~deem~ wwwm&doM Wild ' arld aarvitat a Ludt ezOtetl end la ta,oh n M t>te
aetw dory MW wwwy AIr the tuooesdui aPamoa of the oonaeedoa opantiaL
(b) All Concweionein r" :Lod plop tdt Vd a the public for aow=wdtdoos, wviaak or
Boos AunMW a &M dienundet tisep be tub* a redufadoo and prior *lion epp wA by the
stab,
(a) Ib! State wiU wide fot tIM by dte Coooepdooatre
in theLena of this Cartrct,
e oath
Pig wd Pub of land wd u may ba in is tilrld
ss
optentioat 6mb xd &woAWw. &W pwaly d*MIW ar Miewe °W w lbr ow
(t) Thm w6ow of land u stay Aoberb Lake sta0e M (Johan Unit) dntribed 00
lardaa Retort ProspOdw Lead Ma plate 2 and 3 MtlWW hereto and Wwrprlratad hereto, 0 •
JN4 (2) "'a t~dbwiad to a lief of popaty rri+hin My A&ft LAI $00 Pwic pordm Uah) ~
wWh wiU twok uadw the"ww ood =Wawa f, of do Soria
32XIEl
•
N.A"aY.7Y
0
f40J-26-1997 13114 TPWD PL REGION B P.06
U~rUW~~
Fads %to&& and pwWq am (psvod ead unpaved)
(b) E dWq deotriad system and sWcistod
(e) ow dupimx Dampae6o4 resba=
(d) Two unIM aompoem4 MUM
(e) Dod ramp and am" Soft
M Fec booth
(a) Solm powered ma n& caner
(h) ftau ar p mw
W WINDS "DOWN trA
(k BMW" findv4
(3) The Comwdmairr will be mpmibis far litter aoabbl OW VWA msWwaw De
wWl% 30 %d Mound All Cvacf%ilgnd mobucted ouacasion Aalitiw and at 14y Roberts Lake
Star Perin (3ordm U*) Aroet
Said aaiped lank and all buW kh Wuta,rq, flrtaa% haptavemerta, and eq*auat tha>ao end
thOmm"be opa*W and tprdabdoW by CaoDeteioeshe for die um and btnatit of the public u s
"VeWottel ma In a maesar uddscemy to the Stag.
(b) Tha Qin01011knOl a shill sot malt. any aheradom, addidons, of say &W W upon fie
dmvA ibe fam and wateome owd eppmieu to be fit of d* !Damao, plmim~ and srpenncui 1
pfas~ibw rd by die Ssate and to be sematat ja
in
aoatad to roman" busWm pfsadm as simmer pt )uu in for stele.
(a) The State .bap hare des A* at my time to em w upon my IN& w Imprawnlegt m4wd
thereunder hr any puepom it may deem maeonebly oeeww7 fo &e sdmi *w;oo of the Perk sad
the dovenouwd aesvkm go*.
(4) "Covetnma t ImpmvewraAe' u used bmi% we the b1dldisde, tpuojM rdoA+e,
egWptaem's, ad other tavwma mis upon die lends tw pw dwrewlda, aaesibuckd ot aoquirsd by
the vvwmaeat and ptavided by the pvanmeee for the ptayoae of" Cwhta
(e) 7% gab bersby gmb to the Coeoaeioasite the ti* to oevvy end use ouch pvwramalt +
imprwemsats &IIIIs the Berm and 1wbim to is oonditioas of this oDnb A and mod io the gm d
• OVOIN ieioa artd approval of the Stilt {
Wd aas*W WA aLd all bidldiW wo mwK lbwase, hnprovemeay, and equipmad
dwtW sod theteoa shill be ntsiatdo-4 and repaired by CmeaeiomW at CDaosniona Wj own dog i
fide and srpeeae, Id a deem, molary, and M% MA6Da. scoepable lode Sass sad to the Tftu
1Deperbneat ad He" }.dump f ditpwkM of darbW and other rvftw d a plus and is a momw
• &Wd**" to tha SV* tstd Conoeesiomeiro syeq Wd 600" the tt5tpcltu•ility to s WMf 00 and • •
b be liebis st ill limas fix 4mup to mW mdaead Is* sad all bW1&np„ rtruohaa, Axnx+ae,
improveatasot, snd squipmmot tbareia and fiertcq provided that, if a pvwwmd imp meo"m it
dwaNpd by MWI or o&rwbe to an arm nspdrioh mj* ft* or rrbuift do dw ~
E
.t J
x ~
3 2
Nowd
p
"W-26-19` 1 13214 TPWD PL REGION 8 P.09 -
Caaoeaioasim " so be obtlpted b np* at t*AW tuck bVr&AmgW udeee do SU jW 1
deeamloe "mch kP~ 19 oeoettay b a e«ob&*vy pappm of do Ooooerioodre'm
OWi jStioa UWW Sub"Otion 3(a) of this Coobvic ; and In that avast iucb rqmk or nbuiidia j *0 be
dturnad as addhip ud a C)oaanLo us improvtmatt wdw Sacdl S of this Camract, except as
othttwite ad fame !n Seotine 1(a),
(a) "Cooaiw dre't wpovemeoy '
~dbW, as Wed be* mom fixed fixed ~Riprpvwltb Nlcb q
bw&A eab lbtlC+0'tllrM, ~ xed b of vo . PA d ltv "xv mxd otter
pawided by 1110 Caaoataiaraira l tM ~ 6* 10A ~d 6uwdr' awbodatd by do Swe and
purpow ordds ocaunt CwmwW*e shall Rrnimh to ho
a"Sad aoatplete list of an dCaoowio 4W't kVMVamaop ea *419 dd'mad, sad list b ha we
W iows wWch as item Sad do iavoioe we of a* di juma which an ustd, ad the WW M oost
aced prpptt to of ach used hna, and wid kit "0 tt*h to mod became a pert of d6 CardW at
do time ofewwuim of We Cause My C mewsiooahe'S bwovsmm added diet the toeeaa M
of thb txt bW shill &W be Haled and ttmt: A- by Cooowioesim tad li+tt"W to 5tmem
kwft%«tly Aw m* W by Omowlo Ww, NW Laid list dto shdl be atsmcbed b and beootae a
past of tiab Caorw
(b) la die evm the a Caou dcadte's !hoed Imp ovemew b temovred, d mdoad, demolished,
a a+beometidfy daboysd, erd no odw Wapwammtt Is ooomttatmd oe do * the Ooaowsioaln
. Pte' wft The mom d do Satz, tabn the the is wady K pow'bie to a mull
aoodidoa.
(c) Upon the tambu dm of We aoetrret Ow Any cam wh.soevr, Twos Pa& aced Wil M
Dgwtnw shall hew the Mt *pow b purebast Ccomsbamlree hrtetesfs in ad leopnovemws at
Ray RoW t Lake ! Pmtk (1o 4 I*. If the Sufi wave dds option, dw Canoewioeaire A W
have the opdar of tnrsdMrtinj iaaertp b tiro iorptervmmtos 104 MN CoeeemaiDwM appvwd by the
$ttw, ptovfdad that:
(1) Cmowskw ra must jive a tali aed woo* me madft of au radpw asd Ww deu
mq *td by the Seep aced ham paid is the Stet dl sums of te" due and moved to dmt Soo wda
the lama of this Ooatreot; and
w
(2) Ceooemdonmbe hem &060W W for all Uovatnntat IptpMV90 * OLUO as MOW IS
• Seodon S (a) ohhis Coabct
(d) Upoa balbW= of dds Coated Rn j
say leave wLaboever, who the gna+ aeaers iub on
I
agramew with ttmo I C ecesmlaukv ad h b A0w Wt w16 6@ fiats for dw tow Concmdowk*
b pithw C wmkodts's imgtwrwrs, but do Omwes oodre wd 61 proptwe pAdow
cam wee upon the M Wo of any lam a ileum!, do fit vtdw thereof shall be dsand ssd by &a
i rm~aity vote of a bos+d ~ dtroe appdsers, saleded a loliowa: ~ mbatl mta; a oaa astmbs of ! ~ 0 •
PA board aed the twe membea so aemed "a Wed the ddtd mamba. The Ccaouslam t shill
1'
32 X
I ~
0
I
NJ-26-19W 13,15 TPWD PL REGION 8 P.08
M the eompeosadoa ad t of the third m* mber and ow-baif of the u *mu so pdd shall be
added so the pu vbm pike.
(a) In all Padllides moisbucad M the Codoaadd mh# elageicatl, wabr, wutewuw and SOUS
wafts collation std s+e mvel am the reapoosrbUky of the oahomim opwaika Uodwpw d
ete*W service will bs iuWW ad
miGhhiaed at dhe emgtetlse o[the ooecassi0nlire. Watallatioo Of
undryromw uta im will fV91W ercbeolopcal dermw batbre fell dialmbauoe oean. Pip,
valves, permhs. wW my odw mwdatrd or twAvd mtaerieb and or labor dot may be aeocwuy to
noosed with tbt tambt" weir Sydam"be at the tvtptowe of Om am msanaire wd at no oast
W the DepaArnant. Coesbuaioo medtode and masah{ats wiz! comply whh buUdiog iddueery smndSrdS
wd will mod all Wvwuh j mdror try ageoda mquinmem, permit!, aJ{ ftna b, std loss,
state and national nodes.
(b) Should Noy Imlay wvkm not be available or stiffWaK the o memkoith day, will do
epp oval of the State ad under each req* mean at shall be pteuw%W by the State, secure the same
at Co wmkoalm's owo tapease Arm soteoaI and dde of die Park or ouy Leman the Saae wicks the
Park sub* to dA fdkv tqg oondtt m:
(1) Wow rtstlss f i fi rted during the taros of thb oatsuaot shat! be perfeesed in the tmaae
of the Stela 11w Cooonsionaim "I oat m wve or obWwo soy Mcbm or odw wdw systems
k*W.led by Cct miooaire in ooew6on with such wow H&W without firm obWW4 mtium
approval ftm to Suds.
(2) All cammi ioWow systems operated by the CowmWr m to the Prk"be ft"
of cwt to dse State for use Awiq awgmcy situssiom.
(3) AU ptans, ep hmoas, sad m ukt ay to be wad in ow&sWon with dw priviWass
WwW in this mcdoe, as well u the looWoo mod ianedadoo of Rich eppUmm sad medhtnary shall
rum be approved by the Suk.
• The Conows6min" maintain Poch adoor, i* monk as way be p waibW by the Sea sad by
the Offioa of the Some Audiw Sad kkjed b3 pwwo ly auptad actie,mrn g priadpln and do".
l u Coooaeiooaim %6u make itemised dtww mporb 10 site Swe of W1 Lrm naipb 6" every
solrrcte wbosmvar, and in and form and at Stith times a< required by the Stab. CmDeft"vire shams
submit a The Stave ro mb OVW PA fatmudoa about CAOOessiooa o bhslnw and oporWom
under ddo Cn hik is may be pttiaaibed by the Seale, Sad PA odw mporb ad dda a auy be
• ro t*W by the Slaw; and said mporm Shall be sublmkW v the Stall In PA form ad ad auk times O •
So requited by the State. 7% State shag hn•,-a the mite! 0 verify dl such npotts Awm the boom„
oareSpomdenoq mamoru* Rid Other r*** of the Coucealooakt during do prod err the
~ ooaaaot Snd for curb time thererdbr e, taay t» aecessery b aooofnplifh sucSl wrFBaitlan. ~
lJ
• I Rill, a ptr' i 1. ? 1 37
o
DEC-05-1997 1654 TPWD PL REGION 8 P.01
04 a morubly basis wWf ted with paymar,% t Sala Report Ochibie B) will be ncbmioW in
the Prnk rsamger no Idw than the 20th day of the tuondc Having the reporting moerth m well as
any additional rbpocb deemed aeoemsy.
SECDON S. h miner to hree
(a) no C=Wme ioosire than pay to do Stkoe doe Hawing sums, said psymou% to be made of the
dme end AW and in the aomner re**W by the StM ;
(1) Cmmdmaice Shsil pry to dw State m amount tgwi 10 Doe and ant Wt (LS)% of
Woos Wg nvmw, two M% of glove r eatsum mono , and five (5)% of pm nvamle ban all
otba oommok m. t3rees Revrmm Is wmosuMvo on an mmnl basis btgim* ca September 1 e ad
eodiag on August ) lit of each &W you a coept that the AM yssr sW begin on Decesoba 15, IW7.
(2) At Imt tufty (69) days prior to the maiverwy of the mntreet errb yar,
Conoasimire and State will Cola hlb ngpdatiwmn fa the amMA of and colmWon of frewbi e
Fees fat the Woomiog ooceed yore
(7) The digbt b roooosider sad M410dMt f nd be foss shaft be cooddrred suodafd
m" m wbm om&dom werrmt W sdjcnimeot The Tom garb anti Wildlife D"t um
following *ff malysis end nlbeequed ttooevaoWdioa reserve sudh ady "snot right.
(4) Tot paymoet aefouob sp*dW in peregraph (a) of duo m ion 40 be a hOd b
reaegododoos by either Arty no moot f3e*mWy dlra every 12 moodu bOW upon dlmgee is
UrVIM provided by the CeWWWonirs, changer is pork viAmdon, and aey other rdevsm fww
roLded to the web of Pwldioj Wvim and in dm" for dloeo servku.
(b) The Coamsioeeire no fmiih and use ash taS" - with taolcsd IA torah the w
sequaalally atmbered to record all sales at vkh kraafoo when sarvkw an provide The wh
rggh* should have mdkh t 4c a to taomil moor Was cewp bs, irso %bq she ux sad the
tots! pwdlase The oath rsgber mus~t aa rcl_o_~_m_s~Ydcelfy MA in Mm ted ouetomer reotapt #bowing total
mW putchNed, date and own of oonoasaim ~
(c) Ceoeeatkmhv sVm b not due dlligmoa is dw peoatodoa 6f is peck sad eortoolion
• oputdoo b rwlot red build perk vhitsdm and to ptuvide a rmwW bem& to the oaooeesionalre
end der Saab. Stall sieve to promote the use of the ooooetaiootLe's haprovtmeob thrush oWm
b tdsdm at other wy Adwb Lake Sete FW* thrMA dwtribtreori of hdormwm ii Swe visitor
outor% tluougLtluvuah p modes to Sete pkilcodons, and in &m W through y"W" p modon of ust
i (d) no term "grove reoefpts", as used teeth abdl be ooaterued b tnem the but amatot ~ t➢ •
received Or fTWI"d by, or nwaufllg to, d1e Coooasionalm from an Saha, for mh or mdo, of
oervivsk
In d& Cc~, meiwwl, or (AW mwd mdbe mode purSnertt to the prtvilegse &*Nited
1J
m •ra n ~ 3n n
•
0
r
ICU-26-193? 13 jr, TPWD PL PEGION 8 P.10
(e) [a Casa of dispute a b d» oornputuion of ptymenta b be pod tinder the
ddmn! a W of the 4tadq ooawaeut Wilt the pttrvfs = of finis R*W tion and d>c &MffWW
ptoviakos abali be fuel.
The Sk%agrees to ooopote with conowlandre in mahtfaiaing+oaa b the Pais and is the
oompietioo of all of die Stale duties inadent b operation of t}tt padC U the t6ate loth authaaily b
operate UY Rabat, Laioe ftdm Halt), tit Start wig atilt oonoomomire by providing
1%O=fe6da M band oo Conoeedocalre't pa<fonaa ce for ooaasr<d opmoke of the
oancaados 'a bt ilides in the pok
(g) The aoao &wdrs hu invttwe* in the
the marloet awareuets of the ~p ~ fib fialoim and is the dtvdopntest of
lodge resort AN use of or wow 1o dedep demo or mariadag OWN
dcvekped by the ooeoookaab+e requim the prior W ttes a d"Indoo of the ooncetstoo*e.
(h) The parties adtnowlodgo asd agrte the Cowndooaire is the *WM of the dedgos of do
bas'lftg Rod aurkedog Dopy pnlduoed under this Apoemeak ettotpt the Tau Part and Wildlitb
Dspatmovi owns and males all proprietary rW& to Tom Parks ad Wildlife's prop sama sad
ourtw and fu4ps logos. The Stmt bwvby pant to CCSOeaiosahe tbt right to utilise Tana Part
and WtUd Ws some. program annes sad owant and Um* Pogo is coooeetim wilt say p omod m
related to the mariatts of the Prograw. Tlt State must
wvodft ovy dot aostaim In sent 7 Kos" wMa or oust W aws b say
aOT*c any rW4 in Two ft b and Wild A's O°°°~ Pr o8ram same 1W and =M conM told ondre shell trot
ftuaR logo
om* as provided In d& -Sr -
h [a the eved an employee or rgrt mAvlve of tht suit is Ilmo b p&*kpate is bWvloa
btnnfid to the V=wful optados offhe CoftoaeionaLq the Stets Wit! matt a trtetosabk offbtt b
eliminate t* segadW aofivity,
r}) State may provide tam btclW4 but not limhW b; reservation spoem ivr state path,,
SECTION 9. TarejMjM
(a) This oosmrad tasy be revoked In the raw than the Cmoealorobo violda any of the terra,
ad oosdi M of this o and continua and porsistt In surd, aoneanpiiaoet. The
® Coocationshv It Charged at AU times with hill Ia,a*k* of ail the limitations tnd mVhwmb of
this ooab*c% mod do neoadty far conecdon of de kiwiek Rod with oompum of r*00o bk
e eats by the Depa ttaeut. Tat Caooasioooke wlU be notified of any nuaooraaPUIOA VA"
ttotiaoe shalt ba ht writing or skaaU lot oarhmed lot writing, giving a rwoaabk period of time is whldt
to coned the nrm~tuatgrGa»te. Fa1lure b saddta7kxily onttenll say tubstaaeW a peniatest ntxt.
compUwoe widda the spo"w do Is groaeds ft daeure of al l or pat 0( 60 prtet►tts, temporary
• auapmtion of opvhak4 at tem"doa of die oee4all, AAa notice In
realaants by the Coaaad ongoo b tatted she aoubic seaptsd the protako , r4diodpa i O •
aCtiAW, or atOP the too " take Wo comideradon the Conoea babe's pall paibrRnasoe
and coo4 fiamoe *A do oo kbus taco.
ii
Cl
o
NDV-26-1997 17 17 TPWD PL REGION 8 P.11
(b) In addldon w du d#b of mmadoa fbr wo4w9hum pwi*Wy sated, dx DVwbmt
apes &wmwy of say hw&daus mopdmm within the ass amsigtad to dw Cooow"Wma dw
I ad 6Lvks iga drag to balm =Not dmopr lo fife or property, will w
notify the
Co 4010MM MW will requia gat the af<racta I pat of all of dw pratiaw be deed lo dw public
wd each condition 1s oornctsd mod the dw4w w the pabdc slimiamted. If me omdWm istrot
amsdW the Dapartmettt Mill baw du option io (1) oofrsot due huvdaw omditiom mad oohed du
coat of t%Wa ft the CoamoloaritM, of (2) tavch dte mobaol TW CApossmiaodts SW bavs 00
daim fat dmma jmm mpidat the Department, a my Am. m. spat or ettq lvyw tbavd m aoooust of
scdoo tabm puwuatt to this oo"tim
(c) The wady % Waadm or abmdoamsg by ms Cooaaaiooim without m saWAk
Mplaow"d Coraamkolks oaaad%A" a 1, a of the web-at It Y Womd by me paver dw
dmmlmpm rwAking ftm much wraduadw or ahmdomoap *W be d flesh ro mew, msd aooordimgiy
agree upon dw Mbwhrg Gq WOW dwdgm- Ad average years r werto is bawd oa m live year
mversge of *a mwe 6m rwarw pdd w dw Dvwucw d the Pak or if tbae b w tl omy of
tevatsu paid and do omosmAm is new st dw Park me mvarsda year's mve&d will be breed on a
fiv♦ysmr avswge of o wasion roAdw paid at a coop" Opel
eion
PRIOR WRtrrEN
NOTICE IN
CAA DAY
120 a MM
90 10 hayed
60 -LibmalL.
20 20 BVM,
0 2S PKGWA
(d) to dw aveat owomssiortmlra de dm to bsaatlr Irdasg is med opaadw of dw Aaltaa
dov** by tW Commdooska at do psk $ a t spas to aftw h ft good ~ a-totlsdors wk%
p upeadvs now wrAmmioesk s.
(o) Taw Parr srd Wildlili! riapmftwd bw do dgbt mud option to IllrplipYl d1b noshes
wa&A pepmhy to Tans Pw% rod Wddl h Dmpatmetd a fadw oblipdoa of Mgr if the
• esommy prods w sot apptop oW at odwwlse we sat made myri"b Taaa1 Paris aed 1Ydd A
DgwbmM or if a6wqurat tsw or tt•ttiadoa pwh6tt Tom Paris ad Wildlik Depatmm &oro
pwfb m4 uodw *Atom of this aer"n at.
• (i) No (1 app or amsWsnmat by the CoawsioomW of dda om*w a of say pad thermof or 0
haewg ~r or Y, ~~r ~ aY~ mMq be tpmde Mltbout the mdvapce
writ m mppmd of me State. No borAk ahmrea of stock or Ober avidwm of Wwast iq a
iadmbmkm Wo, the assets of dta Caaoewiaoahe In rise hark stun bs issued. Nod t• bsrtla
13
32xQ
':iUS1+8A '
Q
NOU-26-1997 13,17 7PWD PL REGION B P.12 I
aoawW Mull prohbit Caaoemiumm from biting oont6caot(s) to w4d is the operation of Ray
llobaU Lake Saco Pak (Jordan hell).
(b) Coaomkosin, wick the tonseot of the Dapafasaat, may anlga dte anew ad tateraw of this ,
Coahact only as aDudwal in, seciarJ ftMX g lbr oon*uaim bmprovcmeata, a reysln.
In
The Coooeakwo ra *%U do dl widda Coeossiooain's pow, bah indepmdeady of ad at the
revAd of the Puk otficars, to pmw and wppran forest toss, nail OW we Coeaeeslooa;re's best
caf'avora to the end that Commiocahe'i ompbyw wW do hkesdse 1% Cononutonnhe shall &W
wain is the raw* ad prwewatian of lwa and pop" in awq mcla within the Pads such as
floods and sung fot minute prsoor,
(a) The CorKeWoraire noldw Is graded a pvfaenU right, or on ot" ve or monVolWe
Twit; In provide public w=mmodstimt, fadlitia, all arvioes in the Puk
(b) Tow Part MW Wildlife DeiMtwt Is oaomided 10 the oanplstioa of dw Waded
day bpma2 of an phaes of the ]tsar CoMO= M MAW in tbs 19% issued PMPO An for dre
t+squast for ptoposds on Ray Rabom lake San Pak (Jordm Ugh).
(a) Teas Perks and Wildlife Depau= AFM 10 provide Catoas60081 with Thirty (70) days
wrlww notice in advaoa at iv biondw io Lew a bagrwm provetma for sAse pubbolpdvats
devebpawnl on nay PAberb lake % ft Pak
(d) Noft* coaatined to das section or dsewlwre in this ooranct hell be ooawW m hmffo*
ww lane, eaeaa~ pw rigid, or pdvuw henbfure WAWW into or VWW by the Stale an
dw kA ~6
13
(a) The Conomgonalre !hill airy public Uebilky. ampk M lisbilhy, Rte lirrana W Wwr
Wmeanoe a is cuatomay among pndeat "ashy of sinaRr businma uoda cootpakto
• dnamtstaaoa, cad also to as sammad isW*c cry to din State. The ConeaAmuke shill provide at a
mleimum M'0000 liabllity. Departawat polity Pot firs iftw oa tover4t in a ooraaabm
cones d mquita the mWrLnm of as Amami equal to manly pesoent (90%) of the All
replaoetaeat oat a W*f ft"m vdoe of Coacaaioa"s k4wamaah. i
(b) In the event of lam, In whole of la part, of any budding *uck q & tiaa improve aK ot
• egaipmw m my bs inured purww lb the provtsiow hereof, the C4mcmkt do shalt sppiy dl ~ 0 •
I tooeads twAlved f m &A b*t* oc toward 0" (1) hs tepleormoK nhMitudm or repair, of
(2) the o a*Uctiaa of nay odw bui squce,rq flxkah isn wwaasd, at wn6" of equlpmwwr,
a tlw 9taa mq dinar it Ray llobares Laks Stria Park (Jordan Udt).
1J
32
0
II
f rtrJ-1e-1937 13rt8 TPWD PL REGION 8
P.13
Aj I I? Q
(c) In addition, policies must tontaio tae following spatial eadonemeets
(1) Tt,tu Pub sad Wildift Dtpw mW mud be listed at eddhional in"W.
(Z) The bauranos policy will not be asneew or "Cod without wny (30) days
w t O notice to the rum Pa& and Wildefe Department.
(d) The GAowiom m ,hall fumish a Juial AM Seveni Bond to Suannom the fii *U
perfonnaaoe M rhea obliyrioas ceder the oonoepion contract, is the amown of 1131,600. Tlu
(1011" v4N at of tat w P@ftmaaoe bond NwA 4 determined by admatiog tha WSW farce
a o
Conoeuio d st m end of a v lu ana toad will be rmmW to the
tract„ providing tbere le no damage to park property and ao
0%mba ft fi+ ddn Am aro dug
(e) The Conauel6ftla will be roguing to f1 u6h the depeeaent whh a Paymeot Head
&wid$ all Panne of oomttutdon. The valve of taw bead must be 9011 of the admated woof
oomeruetim and awes W atbmhbd price b oomannamsu of ooasnudiw .rock, The paymog
bond is momm d to the Conowdonalm upon uddscomy ocmpktke of the eoroontetioa ptojsa
(a) Tae Canoaniooai * ,hall ngtdn CoooweiaWno, employee, who am$ t4 dime CcUW i
wide the puW so fm u peach Le and It mt*sd by the Stott, 10 "w a uodbrm or badge by
,*W& doey may be kaowa and d s6otpti W r"aeeploym of mW Coaookasin.
(b) All oooomW employata moat mmh* trai*4 b WA is OW" m 10 Tana him end
'Wildlife Deparbtwd. face Bade Park SyMank PAY ltobwb Woe Sorb Park Comp* atd gat pow
of lm i r ek Such orlade in Ad be a fldenl b pamh oonoeeaioa eatployen b reply adegtwdy b
iml" fiam tae vii * Mk- Tf"V *0 abo Wk& txtgomer Wv* and *m& jab or
task Qainla4 y b aeaue job pslbrmaooe h s mamar oonebaatl wkb tae mood" ace!
Ray
Mwealm employw aba O* k s**, oowwwwadon and cow"Y in all tdetiow with
" (c) Tae CoaaNbulm shall comply with tare ro9a6ematb of all Pedal sad Belle Is" and
S rtgtde kxm6 rekft b tdlaimuat Wags, Social Searhy, Un mpioymme Ww%aK OmWaelonal
Wdy ad Haft Act of 19'/0, Wulat's CampenWoq and Fgw1 Opptx4nslty Impieyuma
(d) 'Coe Coaoudm im shell rMeAre OwAftiooaln's empbyw b damvo a Md hrpardelity 1
as to fda and uMaw h all draaasteoou and b smarm ooufty and eewidvedw id #a*
nWOU whh tau public. •
ip,, ,t (s U CCe~ employ membm d the Pak MmW's hmo. or membx of hmul" Of fu zmm~
x ~d 32x o
•
o
NX-26-1997 13119 tPWD PL REGION B P.14
U !~i ~ ~ V
Opa+*o wider ft Cmtma sW be &*Oa to an Fedael Im and sopMoos, io o11 ride
and togdrtiens of the 9ttsa *(Tom, ad to sri city sad County wdsmas, ado% and ntp k6ca ,
wWfdn the said Past is foostrd, with fVW s, WOM MM sminoiM H meat„ and pwmim to do
bisieae sod an omen man and cmaurianahe shall ooreply with W $Wd tawa, rules, regnladoes.
Oda', and O*uoou, Wed ehau pay art taxes iaaposed by the Padieat and the Suit govwrmtalrt and
dWt OWN sod ponder subdiv Irv Wm die ptopaty or h*Lvu of Caooadaosira This
aoatna~t is deo ttibjawt 1* ell of die nips and r*AVkM of lbe State W" are now is force, or a,
way h"aftir be earscead or p vmatgeted, which are for the oWnkmm er epentiae of the aft
Path of Terra
I
(b) This oooael~ Is euibadimee to and t„ bjwt w au tams and maim oaatsin in the Public
Part and !remotion laws, L"m W DACW6340"106 Mid DACW63-ft"101, Cidse of
Dagm and Down and the Ueitsd Semen of Ameriv, sod midi" thWeof and of the law as
described is >bilWW &
(c) Conousionedm III WobW ed Sum P*Dddq Ad11Wa operated *areuoder, or tWtWq
serrioe theramder, In my mom disc wadd thready at loditedy twwd upon of question the
sawpos oho of any; - -oai beasw of tsok tweed, 0*1toothy, or meiaoal a'W&
(d) Starve shill Dot be rapoosmle far dams•es io property a kW es to pa ms wbidl dray Wise
Anm or be bddant b du tw and omVWm of the ins VW Gmds, and W buil&W, ttnioh tee,
tlueA rK impov rtwob aril agAmw t thefola ow tbaaet, we for dueages b the CooaWdan M's
hnp mmantr, at Ax Wudu b she pstaoa of Comakwbn, a to dtwtsges b tbs paopaty at
Wualae io Sie pence ai't'"Oft iooaira'e atlAoas, sgaab, wvmtk or empbyaok or odm who nay
be oo said udjeed took or say bnildhtg, gars, oe lmpravemsw mereoe, at ewr!*wm a do
t ado okay oHM.
(e) Uoo~oesaiaoaire tJiaU teks esoessary preesutioas so proNct pasoos ar properly
or dsmads, and areas h wW be tuponAle for any au& hljuy or damage b pwmm or ptopaty Wad
hereby iedsa PMN sod holds Tetras P&6 and Wildlife Dgwuaaot hmmku far any and ill claims
for don" sod aU caum of ssAt at?1+ M Aim my vA iq;itty a hrm to psttloaa a p vp"
cnuad tddw dWWy or bdite* by ''log, - Lndw of omissbos of Cmotmabmta, lb sgeeot or
~ ea+ployea. ,
(Q ltalkwi e b this aomrad b tb "State" SW mm Wad include the mombn of the Pub ems
Wildlife Coieueiwk~q, b duty appom6sd 1~soutire Dirse~or, Wed ail duty siethorieed aepanseeeeeva
of Wd Wmatissiorti Pxaejd" DW tor, aid d» PsM MA WA" Depat a t
W TtJs Cwiebea oaeaoe let olmisK altered or aroendsd die&" by %*m (erbtiniset Oropaly
omoted by ell paiodp* and toy such wiendntpn or R"lo twit shall etch w tetd beoome a pan 0 •
' of this od*W Co *om at by nde or P%ul.tion pwmutydsd by dw Parka W WLWM C*Dtmia m
ar vspartaoeot W eamployw of the Peeks nad W" A Depuom w shop bow a malty la paw
In 32X IO
A " 'k
,
ae
,_.P.ISstY
«rr~o-lyyl 13,19 TPWD PL REGION 8
adrr a aapaa y at prao and emkobon or e+asapdou to am of do mm or psovirbo m aontaioad
bl dds Caemret
00 Thin C+oobw an be w "M by dw $we wkboat rooamm of Co mmbosim *mK at any
time, rvlimao be dhdoaed do do t7oeswaioaaira has ldeWoaalty m&=NW No &W add@Wivg
htbrow= in y damod Wbmhled b to $we Is POW of cm"Am"s am kbft b
die aawcdm a<~ Cotoaseiasan.
(U 'fhb aor*W b i AOd b aaodlatlaa WWW paoahy, WlhK It whole ar in pet, if Fdkb M
sot FS mill i by** Toms 14goei en or odrrwbe made availsblq b die Tear Poky ad
Wlhl>idtDrpatmarR,
(j) i;iaadiap or grabo j%m a Ior eon hod oor only seal do sot ahaoM or meat the bgruye
folipwig~,
,
(l~ 7% pedsa ma to add bw pod ha nepdodm is aft to raaolw any d'*ft wlddl
may also uo w to twin of dda Aptmw& Should *A prdw be um W to mash a WieMwy
aoba m to a dbpjw dN aoatraotor shall appal *a ddpuw to Tema Farb ad OVitdltA'a Dbaobr of
dw Drvbba raapaaetbla for adminWr ft dro A$rowmd by aubmhdq do oosplalst le %ftg
okq wide my &Wank* mooed. Tlw Dh-Mm Diraotor Ad rtdteoa bb of br dad" In writ
and a on b do Omoaaiaodrr wilt Arty (")days ofeaoeipt at wdit oomplair1
Sboub dte db" oot be no" dW dsowA a by dM bivi" Dke r --A* wftm aodoa b
Tam Part ad WW W Daparl * do po" w" b aA mb erab ds,, . ,d) b a MAWN
j - - a pmvided it TOW CIW. PMCM • PIDAWO COOK TnU 7. CRAP=
154. RMO AP'I'8R % Abamdva biaputr PAWAoa hooadutae, Madiadm% S"m 154M
The pants will efiars do Dort d Madiraaw
(1) v so is la T"wk Cmay, Tow 1br an papaaae W%wd to d& Cantraot.
TEXM PAMS AND MA n DWARIMW
by:"gtaa" Dew
NAME OF CONCESSMAM
j r ~1iffy R.Lada Dew • d
I
Ile
TOTAL P.15 .
25 lo 32X III
0
AGENDA INFORMATION S1IEF.T
AGENDA DATE:lanuwy 13, 1998
DF:PARTNIEN'ft Utilities
A011: ltoward Marlin, 349-8232 qVV-
s BJ C - Receive a report, hold a discussion, and give staff direction regarding
operational issues assoclaled with Ray Roberts Lake.
BACKGROUNts - Constructed by the U.S. Arty Corps of Engineers (Corps) and the Cilis
orDenlon and Dallas (Cities), Ray Roberts Lake (Lake) provides raw water for the Cities'
drinking water supplies. However, as part of the contractual arrangement for building the
reservoir, the Cities were also required to include recreation facilities for the Lake. These
facilities Include two traditional parks (Isle du Bois and Johnson Branch) and five access points
(boat ramps/plenle site0cstrooms) located around the perimeter orthe Lake, In addition to
these traditional facilities, an innovative plan for a Greenbelt corridor was incorporated,
Consisting of a hiking, biking, and equestrian trail, the Greenbelt connects Ray Roberts Lake
and Lake Lewisville along the Lim Ibtk of the Trinity River,
1 hraughout the discussions, construction, and development orthe Lake and its recreation
Cacililics, all three panics involved (the Corps, the Cities, and the Texas Parks and Wildlife
Department (TPWD)) understood that the parks - including the Greenbelt - would be operntcd
rrom the revenues generated from the traditional parks at the Lake. The Corps leased the
racilitics to the Cities for operation and maintenance for the next t'ifly years, The Cities then
icascd the facilities to the 1 PWD aI no charge, The only requital tent was that TPWD use
M1 revenues froth the traditional racilitics to opcrele and maintain nA only those racilitics but the
Greenbelt as wail.
Since the opening of the first park, Isle du Bois, In the Spring of 1993, the 1 PWD has operated
the recrcalior, facilities under a lease agreement with the Cities, collecting fees for entering the
parks, camping at the parks, and using the boat ramps at the parks. However, the TPWD
initially refused In operate the Greenbelt, despite their original agreement, until only recently.
(Seattle Cities' March 1997 teller and the TPWD November 1991 letter, attached.) Though
+ TPWD will apparently operate the Greenbelt when It opens in April 1998, ectlain aspects of •
Ole lease from the Cities to TPWD have become a concern,
11te Tense does not provide the Cities any revenue generated from the park facilities. Revenues
at the Lakc are Increasing slid a percentage orthc profit should be used to repay the Cities for
23
7 10 32X1El
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l c
(heir investment, Staff has conducted an in-house study of the costs and benefits of the parks
and also hired an outside consultant to study the revenue potential of the lake. (The results of
these studies will be brought back to City Council at the February IYb Work Session.) Both
studies confirm that the Lake generates a steady profit for the operators.
In addition to entrance and camping fees, the TPWD is negotiating contracts for development
on Ray Roberts, The COE directly leased the property where the marina at Sanger is located to
the TPWD. The IPWD, In turn, contracted with a concessionaire (private developer) to
develop the Lake Ray Roberts Marina. The Marina has 400 slips, half of which arc already
leased, with a contract option to build 200 more for a total of 600 slips. The TPWD receives a
percentage of the Marina's revenues (sliding scale percentage beginning with 2%of gross until
the marina reaches 5400,000 at which point the TPWD's share Is capped at s% of gross),
The TPWD is currently negotiating a second concessionalre's contract with Mr. Larry Lakes to
develop the Lantana Lodge at the Jordan Access Area. The Lodge will have at least 30 rooms,
a swimming pool, a restaurant, a pavilion, playground, conference rooms, and separate cabins.
This contract permits Mr, Lakes to add a marina fac+lity. The TPWD will receive a percentage
of Air. Lakes' revenues (I,s%of gross lodging revenue, 2% of gross restaurant revenue, and
$",u of gross revenue from All other concessions (boat rentals, elc,)).Altachcd Is a draft
contingent agreement between Larry Lakes and the Cities, assuring Mr, Lakes that if the Cities
terminate the TPWD lease, they will honor his lase with the TPWD and step in as the TPWD
for the purposes of the lease.
Of course, Ray Roberts Lake is primarily the Cities' water supply, Malntaining the water
quality is crucial, Under the current '(PWD lease, however, the Cities have minimal authority
to approve or disapprove of dcvelopmcnt on the leased lands and no authority with respect to
recreation uses. This will become more and more of a problem as visttallon and dcvelopmcnt
at (he Lake Increases.
staffhas drafted a response to TPWD's letter, phis draft, now being rcvlcwcd by staff at the
city of Uatias, acknowledges the TPWD's offer to operate the Greenbelt but points out two
uincsotvcd Issues. The draft asks the TPWD to renegotiate the lease bciwcen the Cities and
the 1 PWD to Include revenue sharing and also to grant the Cities authority In lake
dcvclopmcnt and recreation-use decisions.
Finally, staff reconmtcnds conducting an Impact study from which a Maslcr Plan can be
developed for Ray Roberts Lake, A Master Plan can provide a baseline from which to make
development decisions. (I low many mar!hasiboat slips can the lake support? Should the
surface area be ironed for different types of use act skis, etc.)? What type of development
should be permitted on the shoreline? flow will safety concerns be addressed?) 'Ihe oy of
Uallas has recently completed a similar study for Lake Ray I fubbard and is willing to share the
costs of such a study for Lake Ray Roberts.
'the Cities' authority to address development Issues and share in the revenues generated by
facilities they fund should be Included in the sublease between the Cities and the TPWD. If the
TPWD Is unwilling to renegotiate the contract to accommodate the Cities, slaff recommends
24
K ICJ 32X10
the City Council should consider terminating the TPWD lease and assuming operational
responsibilities for all the park facilities, Including the Greenbelt. There is a two-year
notice provision from the dale of termination before the Cities can assume the parks.
This will give the Cities an opportunity to nnalire an operation and maintenance plan for
the parks.
ESTIMATED SCHEDULE OF PROJECrt • Attached.
PRIOR ACPION/REYUM • Public Utility Board review ongoing.
FISCAL 1NFORMATIONs • Detailed Information to be presented at Februny 100 Work
Session.
Respectfully submitted:
Jupi Smith
Environmental Compliance Manager
Attachment 01: Overheads of Presentation
Attachment 02: Cities of Denton artd Dallas March 25, 1997, Letter to TPWD
Attachment 03: TPWD November 26,1997. Letter to Cities
Attachment N4: Contingent Agreement with Larry Lakes
Attachment 05: Drab Contract Between TPWD and Larry Lakes
Attachment 06: Project Timeline
Attachment 07: Maps of Ray Roberts and the Greenbelt
1 .1,
25
25 K'10 32XIO
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Agenda
Agenda Item
9V
Dale Z'"
i
RESOLUTION NO.
A RESOLUTION RECOGNIZING THE DIRE NEED OF A SUBSTANTIAL INCREASE IN
TRANSPORTATION FUNDING AND SUPPORTING THE PRINCIPLES OF THE BYRD-
GRAMM AMENDMENT NOW PENDING IN CONGRESS AS ONE MEASURE TO PRO-
VIDE ADDITIONAL FUNDING FOR MOBILITY; AND DECLARING AN EFFECTIVE
DATE.
WHEREAS, the Nation's transportation infrastructure plays an integral part in the na-
tion's economy and the Texas transpottation is a key component of the national network; and
WHEREAS, the U.S. Department of Transportation has reported that the nation's trans-
portation network Is in dire need of a substantial increase in the level of financial investment to
bring the system up to standards for safe and efficient operation and to meet expanding trans-
portation demands; and
WHEREAS, providing all states and the nation as a whole with the benefits of mobility
and economic prosperity and ensuring an effective cottnection between the vital Texas transpor-
tation system and that of the rest of the nation requires steadfast support for the nation's trans-
portation network as we enter the 21" century; and
WHEREAS, the upcoming reauthorization of fxleral surface transportation programs
represents a critical opportunity to ensure that federal transportation funds provided to support
the nation's transportation network are sufficient to support an effective response to the true
needs of a modem transportation system; and
WHEREAS, Amendment #1937, known as the Byrd-Gramm Amendment, to S. 1173, the
Intermodal Surface Transportation Efficiency Act of 1997, was Introduced in the Senate on Oc-
tober 22, 1997 by Senator Robert Byrd of West Virginia and Senator Phil Gramm of Texas; and
WHEREAS, the enactment of S. 1173 as amended by the Byrd-Gramm Amendment
P4 : would authorize the use of an additional S6.1 billion per year from the Highway Account of the
• Fcdcrol Highway Trust Fund for highway Infrastructure, making an additional 530,9 billion in
contract authority available for highways during a five-year period; and
WHEREAS, the increases in federal funding support for surface transportation provided
by the Byrd-Gramm Amendment are fully funded through federal motor htei tax revenues re-
cently redirected to the highway Trust fund by the Taxpayer Relief Act of 1997; and
• WHEREAS, the Texas Transportation Commission (TTC) approved a resolution on De- • •
cembcr 18, 1997, encouraging the Texas Congressionrl Delegation and members of the Texas
J transportation community to support and work toward the successful adoption of the principles
included In the Amendment; and
WHEREAS, the Dallas Regional Mobility Coalition Executive Committee approved a
resolution supporting the Byrd-Gramm Amendment; NOW,1 HEREFORE,
' f7 la 32XIO
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THE COUNCIL OF THE CITY OF DEMON HERESY RESOLVES:
SECTION L That the City Council supports the principles represented by the Byrd-
Gramm Amendment to provide an Increase in federal funding for surface transportation.
SECTION IL That the City Council encourages the Texas Congressional Delegation and
other members of the Texas transportation community to support and work toward the successful
adoption of the principles Included in that Amendment.
SECTION Ill. That the City Manager Is directed to send true, correct, and complete
copies of this resolution to Senators Phil Gramm and Kay Bailey Hutchinson and to other mem-
bm of the Texas Congressional Delegation.
SECTION IV. That this resolution shalt become effective immediately upon its passage
and approval.
PASSED AND APPROVED this the day of '1998.
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
,a BY:
APPROVED AS TO LEGAL FORM:
• HERBERT L, PROUTY, CITY ATTORNEY
r BY:
f yMedeq'1a1.+7W bunnvnu' Aw+~Md rmn ~wA . /
Pagr 2
- ~ x 1 32XIO
A
O
Agenda No...- -
Agenda Hem
Date
AGENDA INFORMATION SHEET
AGENDA DATE: January20, 1998
DEPARTMENT: Electric Utility
ACM: Howard Martin, 349-8232 -
SUBJECT
AN ORDINANCE AUTHOPaINO THE CITY MANAGER TO EXECUTE AN
AGREEMENT FOR INTERCHANGE SERVICE BETWEEN THE CITY OF OARLAND,
GREENVILLE ELECTRIC UTILITY SYSTEM, THE CITY OF DENTON. TEXAS AND
LG&E ENERGY MARKETING, INC,, PROVIDING FOR THE SALE OF EXCESS
ELECTRIC GENERATION CAPACITY, AS WELL AS OTHER DOCUMENTS IN
FURL IIERANCE OF SAID AGREEMENT; AUTHORIZINO THE EXPENDITURE OF
FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE.
BACKGROUND
Historically, Denton has participated in the sale of excess generating capacity. Capacity sales have
primarily occurroi as a result of the Texas Municipal Power Pool arrangements with Brazos
Electric Power Cooperative, Bryan, Denton, Oarland, and Greenville. In 1997, capacity sales
were made to Brazos for the months of June through September. Previously, sales generally
occurred over the period ofone ye&r, The proposed contract with LO&E is for one year. The
decision to market our excess capacity to LO&E is primarily a result of the efforts of Garland and
Greenville to secure a We, Of the three Cities, Garland and Greenville are in a position to
generate the most revenue from a sale. Denton's excess capacity has dwindled over the years and
for 1998, Denton will not contribute significantly to the capacity sale but may be involved in the
associated energy sale Total revenue from the capacity portion of the sale is estimated at
51,800,000• Denton will receive approximately $90,000 based on 1997 excess capacity figures.
Since this represents the sale of excess capacity that Denton already owns, there is no cost to
Denton for the capacity. Faci'it~ maintenance cost Is not expected to vary iependent on whether
we do or do not sell the exees% capacity. Although the We of energy and start up fees are priced
to recover costs plus a small margin, variable revenues associated with this contract ere not
expected to be significant
PRIORITY ACTION/REVIEW (Council, Boards, Commhslottsl '
• • •
I 'he Public Utility Board considered this matter at their November 3, 1991, meeting The Board
recommended approval or the pending contract
Page i
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FISCAL INFORMATION
Estimated revenue totals $90,000 from We of approximately S mw of capacity at $18,000 per
mw year. Revenue may vary dependant on actual excess capacity. The utility will not Incur any
additional cost of facility maintenance as a result of this sale,
Respectfully submitte&
m ThuPProduction Manager
t'
,a
l
Page 2
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JOK-jW 25 10 32XIO
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i
ORDINANCE NO.
I
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT FOR INTERCHANGE SERVICE BETWEEN THE CITY OF GARLAND,
GREENVILLE ELECTRIC UTILITY SYSTEM, THE CITY OF DENTON, TEXAS AND
LG&E ENERGY MARKETING, INC., PROVIDING FOR THE SALE OF EXCESS
ELECTRIC GENERATION CAPACITY, AS WELL AS OTHER DOCUMENTS IN
FURTHERANCE OF SAID AGREEMENT; AUTHORIZING THE EXPENDITURE OF
FUNDS THEREFOR; AND PROVIDINO FOR AN EFFECTIVE DATE,
WHEREAS, historically the City of Denton has participated In the sale of its excess
electric generation capacity; which sales have primarily occurred as a result of Texas Municipal
Power Pool arrangements with Brazos Electric Power Corporation, and the Cities of Bryan,
Guland, and Greenville, Texas; and
WHEREAS, the City of Denton desires to generate the most revenue from marketing its
excess electric generation capacity, and desires to join the City of Garland and the Greenville
Electric Utility System as sellers of their excess electric generation capacity to LO&E Energy
Marketing, Ina as Purchaser, pursuant to a one (l) year agreement, at terms which are
advantageous to the City of Denton; NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SQr(j; That the City Manager Is authorized to execute an Agreement for
Interchange Service between the City of Garland, Greenville Electric Utility System, the City of
Denton, Texas and LO&E Energy Marketing, Inc. (the "Agreement") a copy of which
Agreement is attached hereto as Exhibit "A" and Is Incorporated herewith by reference.
SECTION ll: That the City Manager h, further authorized to execute such other and
further documents, including without limitation, any confirmation documents, which are
necessary and 6ppropriate to effietuate the terms of the Agreement,
. t SECTION 111: That the expenditure of funds as authorized in the Agrcemen! Is hereby
• authorized,
srmloN 1V: That this ordinance shall become effective immediately upon its passage
and approval.
,1998
PASSED AND APPROVED this the day of
JACK MILLER, MAYOR
25x10 32XIO
1
MI1ftAef•
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L, PROUTY, CITY ATTORNEY
BY. ':j r, t t
.`ahut"tdunterchwje wvUe mdiume 4x
~J I
r
- z 10 32 x C~
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M
i
September 24, 1997 tae r,,,rry M64900 kw.
ere Mrort ro .rne
$uIN?30
rost& Mesa, afrorMr 1M1e
VIA OVE&VIGHT MAIL f fI rr''W
ruriramFUf
Mr. Jim Harder
Electric Utility Director
City of Garland
504 State Street
Garland, Texas 73040
Mr. Tom Darte
General Manager
Greenville Electric Utility System
6000 Joe Ramsey Blvd.
Greenville, Texas 73402
Nis. Sharon Mays
Electric Utility Director
City of Denton
P.O. Box 2347
Denton, Texas 76201
Dcar Sirs and Madam:
This letter shat) confirm the agreement between the City of Garland, Greenville Electric Utility ,
System and the City of Denton ("collectively DOW) and LGH Energy Marketing Inc,
("LEM") and constitutes a "Confirmation" m defined In the Agreement for Interchange Service
dated September 24, 1997 (the "Interchange Agreement"). The provisions of the Interchange
Agreement are incorporated herein by reference, except that, In case of conflict or Inconsistency
between the terms of this letter and the terms of the Interchange Agreement, the terms of this
. letter shall prevall, Terms used but not defined in this letter shall have the meanings given to
them in the Interchange Agreement.
NjW, DOG, Seiler Agent to be City of Garland, The City of Garland, Greenville Electric
Utility System, and the City of Denton will be jointly and severalty liable for the obligations of ,
DOG hereunder,
J,Gg: May 1, I "Il to April 30, 1999
S r1~O1;
1
)5 K 32 x~d
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Mr, Jim harder
Mr. Tom Darte
Ms. Sharon Mays
September 24,1997
Page 2
CVjS X:
I)GO grants to LEM the right but not the obligation to call b11 up to 100 MW of capacity at any
time during the term. Such capacity will come from those gas and oil fueled generating assets of
WO which are available to DGG but not required to serve the native load of DGO. As used In
this letter, the native load of MO, in addition to the accepted industry understanding of the
definition of that term, shall include D00's load under the existing soles arrangements between
IM and the cities of Bowie, Bridgeport and Farmemville, LEM shall have the right to
nominate 100 MW of DGO capacity as planned capacity in accordance with ERGOT procedures
to secure planned transmission service for the calendar year 1999. DGO will In turn Indicate to
the F.RCOT ISO that such capacity Is a slice of the DGG gas and oil fuel generating resources,
i'anaeity Price:
LLNI shall pay to DGG $19 per kW-year for capacity on a monthly basis. DOO shall invoice
LLbI for $1,50 per kW-month each month along with Invoices for energy deliveries for the
applicable month In accordance with the provisions of the Interchange Agreement governing
invoicing for energy deliveries. LFM shall be relieved of its obligation to pay for capacity for
each day that DOG falls to have energy available in accordance with its obligations hereunder If
such failure Is unexcused under any provision herewtder in addition to all other remedies
available to LEM under this Agreement.
Ss.~s~.ulltlg~
Upon telephonic request from LEM, by 9:30 a.m. central prevailing time ("CPT") each day
during the term hereof, DOO shall provide to 11M by telephone, tclecopler, or instantaneous
electronic communication, Its unit commitment, including any partial unit, availability of the
1 remaining units on its system, and unit dispatch fuel costs for the following day. Within 30
minutes after such information Is provided or by 10:00 am, CPT, whichever is later, LPM at its
option may either (1) nominate energy purchases from DGO, (fl) nominate energy purchases from
• Doo using fuel provided by LEM ("Tolling Nomination"), or (ill) not nominate energy
purchases from DOO, for the following day. At the time that LEM nominates energy purchases.
LLtt will submit by tclecopier of Instantaneous electronic communication a schedule to UGO
and the URCOT ISO reflecting the mrgawatts to be purchased from 1)(30 In each hour for the
schedule The maximum ramp rate for changes in scheduled quantities of energy (including any
curtailment under this agreement) Is 2,5 megawatts pet minute across a ten minute ramp window
• commencing live minutes before the hour and ending five minutes after the hour. Acr Aingly, , •
the maximum hour to hour change is 23 megawatts in either direction. The minimum schedule
period is four hours. Energy will be priced based on the units which are available and are not
~D
i
Jost"
D
i
Sir. Jim Harder
Mr. Tom Darte
Ms. Sharon Mays
September 24, 1997
Page 3
serving DGO's native load on the applicable day and which have the lowest incremental heat
rates as shown on Exhibit A attached hereto or as otherwise selected by LEM.
IXiLt~
Energy purchased from DOO hereunder will be ERCOT Type C System Firm energy.
Energy-kit
'fire energy price will be DOO's incremental cost of generation. D00's Incremental cost of
generation for the purposes of this agreement will be the incremental heat rate set forth on
Exhibit A attached hereto for the applicable unit tnuhiplied by the dispatch cost of fuel for the
unit for the applicable day. If LEM's nomination Is a Tolling Nomination, LEM will deliver gas
to the appropriate unit in quantities needed to generate scheduled energy based upon the Incre-
mental heat rate set forth on Exhibit A attached hereto for the applicable unit; and the energy
price will be zero. In addition, if DOO is required to start a unit In order to satisfy an LEM
nomination hereunder, then LEM shall pay a start-up fee in an amount of $20 per megawatt for
the full capacity of such unit
R sponslve Spinning or Spinning Reserves,
LEM will notify the ISO and DGO of any responsive spinning or spinning reserve carried by
UGO for the benefit of LEM. Up to 20% of the capacity of any unit started for the benefit of
LEM and not serving load can be spinning reserve.
Tranarnhalon:
31ic delivery point shall be the generator bus for all purposes including the calculation of VAMM
impacts under ERCOT regulations. LEM Is responsible for securing and nominating to the ISO
planned transmission service for receipt of power and energy frot- DGO. Additionally, LEM Is
i responsible for losses Incurred In the delivery of energy from DGO to LEM
lim~r>fsas~~slfttlills7a.+~
(a) Al such times as the ERCOT ISO requires conversion of responsive spinning or spinning
reserves to energy, LEM w111 notify DGO of such an event and any or all of the spinning and
• supplemental reserves carried on the DOG units started for the benefit of LEM will be converted • A
Into energy and the price for such energy shall be D00's incremental costs of generation (as
described under "Energy Price") using DOG's then current dispatch fuel costs.
7
10 32x11
anaarw ,
Mr. Jim Harder
Mr. Tom Darte
Ms. Sharon Mays
September 24, 1997
Page 4
a
(b) If LEM submits a Tolling Nomination and fails to deliver fuel for any reason other than
the fault of DOO, DGO will provide to LEM prompt notice of such failure and DGG's then
current dispatch fuel costs for the applicable period. Within two hours after receipt of such
notice, LEM shall give notice to DGO that it will either (i) continue to receive scheduled energy
and pay an energy price based on DGO's stated fuel costs or (ii) curtail purchases from DGG
without liability hereunder.
(c) If delivery of gas to a DGO unit is curtailed due to force majeure, or claim of force {
majeurc by a supplier, then DOO shall be relieved of its obligations to supply energy at the
original price. However, DGG shall remain obligated to supply energy at its incremental costs of
generation using the cost of replacement fuel. Accordingly, DGG shall give prompt notice to
LEM of its loss of gas supply and the then current dispatch fuel cost for the affected unit. Within
two hours after receipt of such notice, LEM shall give notice to DGG that LEM will either (i)
continue to receive scheduled energy under the new pricing or (ii) curtail purchases from 1X O.
Representation:
Each party represents and warrants to the other that it has the full power and authority to execute
and deliver this letter agreement and to perform all its obligations hereunder; the execution,
delivery and performance of this letter agreement and the performance of its obligations
hereunder and the consummation of the transactions described herein have been duly authorized
by all requisite action on its part; and it has duly executed and delivered this letter agreement and
this letter agreement constitutes its legal, valid and binding obligation, enforceable against it In
accordance with its terms.
If you are in agreement with the foregoing please execute whete indicated below and fax a copy
of this letter to the undersigned.
Sincerely,
• LO&E E'NEROY MARKETINO INC. ATTEST:
I ~
By:
Scott A. Noll,
Senior Vice President
g
2.5x10 32X111
Mr, Jim Harder
Mr, Tom Dade
Ms. Sharon Mays
September 24, 1997
Page 5
AGREED TO AND ACCEPTED:
CITY OF GARLAND ATTEST:
By:
Title: City Manager
bate:
CITY OF DENTON ATTEST:
By:
Title: City Manager
Date;
GREENVILLE ELECTRIC UTILITY ATTEST:
SYSTEM
13) J<
Tide: General Manager
0 ~r /14 /97
Date:
a
;r r 1/
- - - - 25x10 3241
s.~r
Mr. Jim Harder
Mr. Tom Darte
Ms. Sharon Mays
September 24, 1997
Page 6
EXHIBIT A
Incremental
Capacity Neat Rate
Unit (MW) (mmbtAWh)
Olinger 2 115 10,210
Olinger 3 ISO 10,980
Denton S 66 110930
Olinger 1 75 11,730
Denton 4 61 12,410
Newman S 41 11,760
Denton 3 26 12,810
Oreenville 3 40 13,190
Greenville 2 23 13,230
Denton I 11 12,810
Greenville l l8 13,200
Newman 4 17 13,010
Newman 3 17 13,200
Denton 2 11 13,030
Newman l 8 15,270
Newman 2 7 1$,320
M 1plut,km'hud3.doe
~ I
i
I
25 32XIE)
0
poring
i
AGREEMENT FOR INTERCHANGE SERVICE
BETWEEN
CITY OF GARLAND
GREENVILLE ELECTRIC UTILITY SYSTEM
CITY OF DENTON
AND
LG&E ENERGY MARKETING INC.
THIS AGREEMENT made and entered into this September 24, 1997 by and between the
CITY OF DENTON, TEXAS and the CITY OF GARLAND, TEXAS each an incorporated
municipal government with an electric utility, and the GREENVILLE ELECTRIC UTILITY
SYSTEM, an autonomous municipal electric utility (collectively, "Counteroanv'), and LG&E
ENERGY MARKETING INC., a corporation organized and existing under the laws of the State
of California C'=;" each of LEM and Counterpany may be referred to herein as a "h%" or
as ")3vygf" or " $LY " as the case may be).
WITNESSETH
WIIEREAS, LEM is engaged in the generation, purchase, and sale of wholesale electric
power in the United States; and
WIIEREAS, Countmparty Is engaged in the generation, purch&" and We of wholesale
electric power in the State of Texas; and
WHEREAS, the Parties believe mutual benefits can be realized from the interchange,
sale, and purchase of electric power; and
WHEREAS, the Panics desire to set the terms and conditions upon which such sale and
purchase may be conducted and upon which the furnishing of certain related services shall be
effected; and
NOW, THEREFORE, in consideration of the foregoing and of benefits to be obtained
R from the covenants herein, the Parties agree as follows:
0 1. TERM OF AGREEMENT
1.1. 1= ;Me term of this Agreement shall commence on the date executed by the
Panics or, if rmluired, accepted for filing by the Federal Energy Regulatory Commission
and shall continue in effect until canceled by either Party upon thirty (30) day-.
written notice to the other Party; provided, however, that the term of this Agreement shat'
not be terminated until all transactions scheduled hereunder are complete and all monlei
have been paid.
25 x 10 32x ❑
o
F 1
2. REQUIREMENTS
2.1. Facilities Each Party will provide, or arrange to have provided, such equipment
and/or such other facilities as are reasonably required to implement and carry out the
terms and conditions of this Agreement. ,
2.2. Authorized Representatives. Each Party shall appoint one or more "Authorized
Representatives" who shall be authorized to act on its behalf with respect to matters
contained herein. Each Party shall provide in writing, to the other Party, the name of its
Authorized Representative(s) prior to any transaction contemplated herein. Each Party
shall notify the other Party as promptly as possible, of subsequent changes in designated
Authorized Representative(s). Authorized Representatives shall have no authority to
modify any provisions of this Agreement.
3. INTERCHANGE OF CAPACITY AND ENERGY {
3.1. Transactions. At any time during the term of this Agreement either Party may
J
notify the other that it has amounts of capacity an&or energy available for sale or
exchange or that it desires to purchase capacity and/or energy. The temis and conditions
of any purchase, sale or exchange (including, price, quantity, delivery points and
scheduling) (each, a "Transaction") will be agreed to by the Parties' Authorized
Representatives prior to the commencement of the purchase, sale or exchange, Nothing
herein shall obligate richer Party to inake any amounts of capacity or energy available for
purchase, sale or exchange,
3.1.1, Sales 'by LEM hereunder shall b, pursuant to FERC Electric Rate
Schedule No. 1, attached hereto as Exhibit A, as established by FERC in Docket
No. ER94-1166.0000.
3.2. QMfirmations. The Parties' Authorized Repr.sentative shall agree on and
confirm the price, quantity, terms, conditions, intcrruptibility, compensation, points of
delivery and scheduling provisions for all Transactions under this Agreement.
3,21. Hourly and Daily Transactions, Any hourly or daily Transaction may be
formed and effectuated in a telephone conversation between the Authorized
Representatives of the Parties, during which conversation an oral offer and oral
acceptance shall bind the Parties, without the need for a prior written
Confirmation; provided, w v , that a Confirmation shall be promptly delivered
by the selling Party to the other Party.
3.2.2. Other Tr bons. All Transactions other than those specified in Section
3.2.1 above shall be confirmed in writing by the Authorized Representatives prior 0 •
J~o to the commencement of the Transaction,
3.2.3. EM. Confirmations may be In the form attached hereto as Schedule 31.
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3.2.4. Conflicts . The terms of each Transaction and the applicable Confirmation
and this Agreement form, shall be read and construed as, one single agreement,
Any inconsistency or conflict between this Agreement and the applicable
Confirmation shall be resolved in favor of the specific Confirmation for the
specific Transaction.
3.3. Tppg of Energy. Unless otherwise agreed by the Parties in the applicable
Confirmation, Transactions hereunder shall conform to the Electric Reliability Council
of Texas ("ERCOT') interchange classifications as described in the ERCOT Operating
Guide No. I Section E.2. dependent on type of resource utilized In the transaction as
follows:
3.3.1. Source Type A • Can be interrupted by the Seller for any reason, including
other economic opportunities. .
33.2. Source Type B • Can not be interrupted by the Seller for any reason unless
so ordered by the ERCOT Independent System Operator ("ERCOT ISO') in
accordance with the ERCOT Emergency Electric Curtailment Plan ("EECP") and
on a pro-rata basis with the Seller's native load customers.
3.3.3. Source Type C • Can be interrupted by the Seller for a system force
majeure event. Cannot be Interrupted by the Seller for economic reasons.
3.3.4. Source Type D • Can be interrupted by the Seller if the resource or
resources designated prior to the transaction become limited in some way. Cannot
be interrupted by the Seller for economic reasons.
3.4. Scheduling. Buyer will submit a written schedule for delivery of energy to the
ERGOT ISO and to the Seller by 10:00 a.m. Eastern Standard Time on the day before the
required delivery of scheduled energy.
3.5. Recordings. The Parties agree not to contest or assert any defense to the validity
or enforceability of telephonic requests under laws relating to whether certain agreements
are to be in writing or signed by the Party to be thereby bound, or the authority of any
employee of such Party to make such communication. Each Party consents to the
recording of its representatives' telephone conversations without any further notice. All
recordings or electronic communications may be introduced into evidence to prove oral
agreements between the Parties.
3.6. Guidelines. It is the intent of the Parties that in effecting all transactions under
0 " this Agreement, both Parties will operate in accordance with applicable ERGOT Guides • 0
and NERC guidelines and in a mariner consistent with prudent utility practices. The
Parties shall Immediately contact one another in the event of sudden or emergency
9 curtailment or Interruption of energy deliveries hereunder.
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3.7. Delivery Point: Title and Risk of Loss.
i
3.7. 1. Delivery Point. The delivery point will be specified for each Transaction
in the applicable Confirmation. Seller shall be responsible for all transmission
charges and other costs and expenses associated with the delivery of energy to the
delivery point. Buyer shall be responsible for all transmission charges and other
costs and expenses associated with the energy at and from the delivery point.
3.7.2. Title and Risk of Loss, Tide to and risk of loss of capacity arWor energy
shall transfer from Seller to Buyer at and from the delivery point specified for
each transaction.
3.8. Character, All energy provided hereunder shall be delivered to Buyer at the
delivery point in the form of three-phase, 60 hertz, with reasonable variation of frequency
and voltage,
3.9. Disclalme. aEr t ER HEREBY DISCLAIMS ALL WARRANTIES OF 1
FITNESS AND MERCIIANTIBILITY EXCEPT AS EXPRESSLY PROVIDED
HEREIN AND COUNTERPARTY AGREES TO BUY ENERGY "AS IS" EXCEPT
AS EXPRESSLY PROVIDED HEREIN.
4. BILLING AND PAYMENT
4.1. Records. The Parties shall keep complete records as may be needed to
substantiate a clear history of the various deliveries of electric power made, and of the
clock-hour integrated demands in kilowatt-hours delivered, by one Party to the other. In
maintaining such records, the Parties shall effect such segregation and allocation of
electric power delivered as may be needed to properly bill for deliveries under this
Agreement. A Party's records shall be available at all reasonable times for inspection by
the other Party's Representative and may be copied at such other Party's expense.
4.2. Statements. As promptly as practicable, but no more than ten (10) days after the
end of each calendar month, the Parties shall cause to be prepared a statement setting
forth the electric capacity and energy transactions between the Parties during such month
^ in such detail and with such segregation as may be needed for operating records under
this Agreement,
4.3. Invoices. Seller shall submit an invoice for energy delivered during the preceding
month to Buyer in a form acceptable to the Parties on or before the tenth (10') day of
each month by first class mail. The system logs shall form the basis for the payments
described in this Section. Buyer shall pay such amounts, by first class mail or electronic
wire transfer, within fifteen (13) days of receipt of the invoice. Invoices shall be
considered delivered when deposited with the U.S. Postal Service. Either Party may
change its address, financial institution, or account numbers, as applicable, by written
~It► notice to the other Party at the address specified in Schedule 103. All payments provided
hereunder shall be directed by Buyer to the address or wire transfer number specified in
Schedule 10.3.
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4.4. Late Payments. All amounts owed by one Party hereto to the other shall be due
and payable on the fifteenth (l5a) day following receipt of a bill. Interest on unpaid
amounts shall accrue at the rate of two percent (2%) per annum above the prime com-
mercial lending rate established fir om time to time by Chase Manhattan Bank, N.A., New
York, New York, or the statutory interest rate as set forth in the Texas Government Code,
whichever is less, from the date due until the date upon which payment is made. Unless
otherwise agreed upon, a calendar month shall be the standard billing period . Where
amounts are due from both Parties to the other, bills shall wherever possible be stated in
the net amount.
{
4.5. Payment Neiting/Setoff. if each Party is each required to pay an amount to the
other Party in the same month, then such amounts with respect to each Party may be
aggregated and he Parties may discharge their obligations to pay through netting, in
which case the Party, if any, owing the greater aggregate amount may pay to the other
Party the difference between the amounts owed, Each Party reserves to itself all rights,
setoffs, counterclaims and other remedies and defenses to the extent not expressly denied
or waived herein which such party has or may be entitled to arising from or out of this
Agreement. All outstanding Transactions and the obligations to make payment in
connection therewith or under this Agreement may be offset against each other, set off or
recouped therefrom.
4.6. Billing Disputes. If any portion of any bill is in dispute, then the disputed amount
shall be paid under protest when due. Disputes shall be discussed and resolved by the
Authorized Representatives, who shall use their best efforts to amicably and promptly
resolve the disputes. Upon determination of the correct billing amount, the proper
adjustment shall be paid or refunded promptly after such determination wish Interest
accrued on the amount of the adjustment in accordance with Section 4.4 and computed
from the date payment is received to the date the adjustment is made. Invoices and other
billing documentation shall be sent to the addresses specified in Schedule 10.3.
5, DEFAULTS AND REMEDIES
5.1. Default. The occurrence of the following shall constitute an "went of
De au l"i
5.1.1, Failure by either Party to pay any amounts due hereunder, Arid such
breach shall continue for a period of rive (5) days after the date on which
written notice thereof shall have been received by the nonpaying Party.
51.2, Eie er Party materially breaches any contractual obligation under this
Agreement, and such breach shall continue for A period of ten (10) days After the
date on which written notice thereof shall have been received by the defaulting
Party; provided, that if it shall be Impracticable or Impossible to remedy any
such breach within such grace period, such grace period shall be extended for in
additional period reasonably necessary to remedy such failure if during such
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additional period the defaulting Party shall be diligently pursuing a cure for such
breach.
5.1.3. Either Party (i) makes any general assignment or any general arrangement
for the benefit of creditors, (ii) files a petition or otherwise commences, authorizes
or acquiesces in the commencement of a proceeding or cause of action under any
bankruptcy or similar law for the protection of creditors, or has such a petition
involuntarily filed against it and such petition is not withdrawn or dismissed
within thirty (30) days after such filing, (iii) otherwise becomes bankrupt or
insolvent (however evidenced), or (iv) is unable to pay its debts as they fall due.
5.1.4. A representation made or repeated or deemed to have been made or
repeated by a Party proves to have been incorrect or misleading in any material
respect when made or repeated or deemed to have been made or repeated.
5.2. Remedies.
5.2.1. Seller's Default, If Seller fails to deliver energy and/or capacity, and such
failure is not excused, den as Buyer's sole and exciusive remedy for such failure,
other than as set forth in Sections 5.3 and 5.4, Seller shall pay to Buyer (on the
date payments would otherwise be due under the specific Transaction) an amount
for each Mwhr of such deficiency equal to the sum of (i) the price at which
Buyer is, or would be able, to purchase or otherwise receive comparable supplies
of energy and/or capacity at a commercially reasonable price (adjusted to reflect
difference in transmission costs, if any) minus (ii) the applicable energy and/or
capacity price agreed to for the specific Transaction; provided, howevcr, if the
amount determined in the preceding clause (i) is negative, then the amount shall
be equal to zero for purposes of calculating the deficiency payment.
5.22. Buyer's Defauls. If Buyer fails to schedule and to receive energy and/or
capacity, and such failure is not excused, then as Seller's sole and exclusive
remedy for such failure, other than as set forth in Sections 5.3 and 5.4. Buyer shall
pay Seller (on the date payment would otherwise be due under this transaction) an
amount for each Mwhr of such deficiency equal to the sum of (1) the applicable
energy and/or capacity price agreed to for the specific Transaction minus (ii) the
price at which Seller is, or would be able, to sell or otherwise dispose of
comparable supplies of energy and/or capacity at a commercially reasonable price
(adjusted to reflect differences in transmission costs, if any); provided, howevcr, if
the amount determined in the preceding clause (i) is negative, then the amount
shall be equal to zero for purposes of calculating the deficiency payment.
r.3. Termination. In the Event of Default with respect to a specific Transaction, the
ton-defaulting Party shall have the right to terminate the Transaction by giving notice of 0
termination to the defaulting Party in addition to recovering damages under Section 3,2
above. /
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5.4. Additional Remedies. In addition to the remedies set forth in Sections 5.2 and 5.3
above, if either Party fails to pay any amounts in accordance with this Article when due,
the aggrieved Party shall have the right to: (i) suspend performance until such amounts
plus interest have been paid, and/or (ii) exercise any remedy available at law or in equity.
5.5, ty to Mitigate. Each Party shall use its best efforts to mitigate its damages.
5.6. Release: No Consequential Damages. Neither LEM nor Counterparty, as the case
may be, shall hold the other Party (including its corporate affiliates, parent, subsidiaries,
directors, officers, officials, employees and agents and, with respect to Counterparty, their
present and former agents, employees, officials and representatives in their official,
individual and representative capacities) liable for any claims, losses, costs and expenses
of any kind or character (including, without limitation, loss of earnings and attorneys'
fees) for damage to property of the other Party, in any way occurring incident to, arising
out of, or in connection with the releasing Party's performance under this Agreement.
Notwithstanding anything to the contrary elsewhere In this Agreement, neither Party, its
wffiliates, or their present and former agents, employees, officials and representatives in
their official, individual and representative capacities shall, in any event, be liable to any
other Party, its affiliates, or their present and former agents, employees, officials and
representatives in their official, individual and representative capacities for any indirect,
incidental, special or consequential damages, including but not limited to, loss of reve-
nue, cost of capital, loss of business reputation or opportunity whether such liability
arises out of contract, tort (including negligence), strict liability or otherwise.
6, REPRESENTATIONS AND WARRANTIES
6.1. Representations. Each Party warrants and represents to the other that as of the
date hereof and as of the date of each Confirmation:
6.1.1. Organization and Existence, With respect to LEM, it is duly organized
and validly existing as a corporation in good standing under the laws of the juris-
diction of its incorporation. With respect to each of the Counictparties, it Is
organized and validly existing as a municipal corporation having an electric
utility, or as an autonomous municipal electric utility under the laws of the State
of Texas.
612. Power and Authority. It has all requisite power and authority to own its
property and assets and to transact the business in which it is engaged or presently
proposes to engage and to execute and deliver this Agreement and each Confirma-
tion and to perform all of its obligations hereunder and thereunder.
i 6.1.3. Due Authorization. The execution, delivery and performance of this
Agreement and each Confirmation end the performance of its obligations here- 0
under and thereunder and the consummation of the transactions described herein
and therein have been duly authorized by all requisite action on its part.
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6.1.4. No Conflict Neither the execution, delivery or performance by it of this
Agreement or any Confirmation, its compliance with the terms hereof and thereof,
its fulfilimt;.t of any of the terms and conditions hereof and thereof, nor the
consummaticr of 'he transactions contemplated herein and therein conflicts with,
results in a breack c f or constitutes a default under (I) any of the terms, conditions
or provisions of its charter, articles of incorporation, by-laws, partnership
agreement or other constituent documents, (ii) any federal, state or local law, or
any order, rule, writ, injunction, decree, or regulation of any governmental
authority having jurisdiction over it or its properties or by which it is bound, or
(iii) any agreement or instrument to which it is a Party or by which any of its
properties is bound or affected.
6.1.5. E^'i l,m Dclivery and Performance. It has duly executed and delivered
this Agreement and each Confirmation and this Agreement and each Confirmation
constitutes its legal, valid and binding obligation, enforceable against it in
accordance with its terms.
6.1.6. 0ovemmental Approvals. Except for any initial authorization required
from the governing body of a municipal corporation to enter this Agreement, no
approval or validation of, or filing, recording or registration with, or exemption
by, any governmental authority is required to authorize, or is required in con-
nection with (i) the execution, delivery and performance of this Agreement or any
Confirmation or (ii) the legality, validity, binding effect or enforceability of this
Agreement and each Confirmation.
6.1.7. No Litigation. It has not rrceived any notice, nor to the best of its
knowledge is there pending or threatened any notice of any violation of any I
applicable law, rule, regulation, order, writ, judgment, decree or other legal or
regulatory determination by a court, regulatory agency or governmental authority
of competent jurisdiction or of any suit, proceeding, judgment, ruling or order by
or before any court, tribunal or any governmental authority which may have a
material effect on its ability to perform hereunder or under any Confirmation.
619. Ii&. All energy delivered hereunder shall be free and clear of all liens or
` other encumbrances.
• 7, REGULATORY AUTHORITY
7.1. App 'cable Law. This Agreement and any amendmects thereto shall be subject to
all applicable laws and to the rules and regulations of governmental authorities and
agencies having jurisdiction. If required, LEM shall tender this Agreement for filing with
• FERC in a timely fashion, in the manner and to the extent required by law.
7.2. Cba ge in Rates. Nothing contained herein shall be construed as affecting in any
way either Party's rights under this Agreement, or any rate schedule Incorporating it, to
unilaterally make application to FERC for a change in rates under Section 205 of the
Federal Power Act and pursuant to FERC Rules and Regulations promulgated thereunder,
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provided, however that the rate agreed to in a transaction shall not be subject to change
except by mutual agreement of the Parties and neither Party shall file to change the rate or
other terms applicable to an ongoing or pending transaction unless the Parties so agree.
8. FORCE MAIEURE
8.1. Force Majeure. The term "Force Majeure" shall be deemed for the purpose of this
Agreement to mean acts of God; conditions requiring curtailment of transactions pursuant
to the ERCOT EECP; strikes or othe5 labor difficulties; war; riots; requirements, actions
or failures to act on the part of governmental authorities preventing performance; Inability
despite due diligence to obtain required licerim, accidents; fires; failure of, damage to,
loss of right to or destruction or breakdown of necessary facilities; failures of facilities; or
transportation or transmission delays or accidents; or other similar or dissimilar causes
beyond the control of the Party affected which causes such Party could not have avoided
by exercise of due diligence and reasonable care. Nothing contained herein shall be
construed to require a Party to settle any strike, lockout, work stoppage or other industrial
disturbance or dispute in which it may be involved or to take an appeal from any judicial,
regulatory or administrative action. Any Party rendered unable to fulfill any of its
obligations under this Agreement by reason of Force Majeure shall exercise due diligence
to remove such inability with all reasonable dispatch. If either Party is unable, in whole
or in part, to perform any of its obligations by reason of Force Majeure, then the
obligations of the Party relying thereon, insofar as such obligations are affected by such
Force Majeure, shall be suspended and/cr canceled during the continuarce thereof but no
longer. The Party invoking force Majeure shall specifically state the full particulars of
the Force Majeure and the time and date when the force Majeure occurred. Notices
given by telephone under the provision of this Article 8 shall be confirmed in writing as
soon as reasonably possible, When the Force Majeure ceases, the Party relying thereon
shall give prompt notice thereof to the other Party. Sales or purchases pursuant to this
Agreement may be terminated by the Party not experiencing the Force Majeure if such
event of Force Majeure continues for a period of thirty (34) continuous days.
9. INDEMNIFICATION AND LIMITATION OF LIABILITY
9.1. Indemnity, To the extent allowed by law, each Party shall indemnify, defend and
JIM I hold harmless the other Party from and against any liability, loss, cost, damage and
expense because of Injury or damage to persons or property resulting from, or arising out
of the use of its own facilities or the production or flow of electric energy by and through
its own facilities, except when such injury or damage results from the negligence, gross
negligence, willful misconduct or violation of any legal requirement of the indemnified
Party.
9,2. Compliance. Each Party shall be responsible for its own compliance with all
applicable laws and regulations, including those relating to the environment, and to the
extent allowed by law, each Party shall hold the other Party harmless from any liability,
loss, cost or expense arising out of its failure to comply with such laws and regulations. i
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10. MISCELLANEOUS
10.1. Entire Ag ere meet, This Agreement and each Confirmation constitutes the entire
agreement bet•.reen the Parties relating to the subject matter hereof and supersedes any
other agreements, written or oral, between the Parties concerning such subject matter.
10.2. Interpretation. Definrd terns in this Agreement shall include In the singulL
number the plural and in the plural number the singular. Whenever the context may
require, any pronoun shall include the corresponding masculine, feminine and neuter
forms. Any reference in this Agreement to "Section," "Article," "Exhibit" or "Schedule"
shall be references to this Agreement. The Parties acknowledge that each Party and its
counsel have reviewed and revised this Agreement and that the normal rule of
construction to the effect that any ambiguities are to be resolved against the drafting Party
shall not be employed in the interpretation of this Agreement.
10.3. Notices. All notices, requests, statements or payments shall be addressed as
specified in Schedule 10.3. Notices required to be in writing shall be delivered by letter,
facsimile or other documentary form. Notice by facsimile or hand delivery shall be
deemed to have been received by the close of the business day on which it was
transmitted or hand delivered (unless transmitted or hand delivered after close, in which
case it shall be deemed received at the close of the next business day). Notice by
overnight mail or courier shall be deemed to have been received two business days after it
was sent. A Party may change its address by providing notice of same in accordance
herewith.
10.4. No Waive . No waiver at any time by any Party hereto of its rights with respect to
the other Party or with respect to any matter arising in connection with this Agreement
shall be considered a waiver with respect to any subsequent default or matter,
10.5. Qssignime t. Neither Party shall assign this Agreement or its rights hereunder
without the prior written consent of the other Party, which consent shall not be
unreasonably withheld or delayed. Notwithstanding the foregoing, either Party may,
without the need for consent from the other Party (and without relieving itself from
liability hereunder), (a) transfer, pledge , assign this Agreement as security for any
financing; (b) transfer or assign this Agre6ment to an affiliate of such Party, or (c)
0 transfer or assign this Agreement to any person or entity succeeding to all or substantially
all of the assets of such Party; provided, however, that any such assignee shall agree to be
bound by the terms and conditions hereof,
10.6. Jaw. If at any time daring the term of this Agreement there should be levied or
assessed against either of the Parties any direct tares by any taxing authority on the
• capacity and/or energy generated, purchased, sold, transmitted, interchanged, or
exchanged under this Agreement, which taxes are In addition to or different from the
JV1 forms of direct taxes being levied or assessed on the date of this Agreement and such
direct taxes result in Increasing the cost to either or both Parties of carrying out the
provisions of this Agreement, then the rates and charges for such capacity and/or energy
furnished hereunder shall be Increased automatically to the extent permitted by applicable
aD
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law or regulations as necessary to make adequate and equitable allowance for such taxes;
t+rovided, however, that the Party whose rates and charges are to be increased hereunder
shall give thirty (30) days prior written notice of such Increase to the other Party before
the Increase may become effective.
10.7. 00YEV11N0 LAW. THIS AGREEMENT AND ANY QUESTIONS
CONCERNING ITS VALIDITY, CONSTRUCTION OR PERFORMANCE SHALL BE
GOVERNED BY THE LAWS OF THE STATE OF TEXAS AS APPLICABLE TO
RESIDENTS OF THAT STATE ENTERING INTO CONTRACTS TO BE
PERFORMED WHOLLY THEREIN, IRRESPECTIVE OF THE PLACE OF
EXECUTION OR OF THE ORDER IN WHICH THE SIGNATURES OF THE
PARTIES ARF AFFIXED OR OF THE PLACE OR PLACES OF PERFORMANCE.
i
10.8. Colin This Agreement may be executed in several counterparts, each of
which Is an original and all of which constitute one and the same instrument,
10.9. Successors and Assigns. The terms and provisions of this Agreement and the
respective tights and obligations hereunder of each Party shall be binding upon, and inure
to the benefit of, its successors and ass£g-~ .
10.10. Severability. Should any provision of this Agreement for any reason be declared
invalid or unenforceable by a final, non-appealable order of any court or regulatory body
having jurisdiction, such decision shall not affect the validity of the remaining portions of
the Agreement, and such portions shall remain in full force and effect as if this
Agreement had been executed without the Invalid portion. In the event any provision of
this Agreement is declared invalid, the Parties shall promptly renegotiate to restore this
Agreement as near as possible to its original intent and effect.
10.1i, amendment. No amendment or modification of the terms and provisions of this
Agreement shall be or become effective except by written agreement executed by the
Parties.
10.12. Ng_nedication, Any undertaking by one Party to the other Party ender any
provisions of this Agreement shall not constitute a dedication of either Party's system or
any portion thereof to the public or to the other Party or any other persnn or entity, and it
! is understood and agreed that any such undertaking by either Party shall cease upon the
termination of such Party's obligations under this Agreement
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed by their
duly authorized officers or representatives, and copies delivered to each Party, as of the day PA
year first above stated.
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CITY OF GARLAND ATTEST:
I
By:
Title: City Manager
CITY OF DENTON ATTEST:
i '
By:
Title: City Manager
GREENVILLE ELECTRIC UTILITY ATTEST:
SYSTEM
By;0~44 Ho
Title: General Manager
LG&E ENERGY MARKETING INC. ATTEST {
By:~ _6 lgaq)Q , I
Title: W, %46 &A TA I
1
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SCHEDULE 3.2
FORM OF CONFIRMATION
[Date)
[Name of Recipient)
[Title]
(agenlutlonJ
[Address)
[City, Stale Zip]
I
Ladies and Gentlemen,
This letter shall confirm the agreement reached on ]DATE) between (COUNTERPARTYI
("Counterporty") and LGAE Energy Marketing Inc, CLEM') and constitutes it "Confumatloe as defined Et the
Agreement for Interchange Service dated [DATE) (the "Interchange Agreement"), no provisions of die
Interchange Agreement are Incorporated herein by reference, except that, In case of conflict or inconsistency
between the terns of this letter and the terms of the Interchange Agreement, the terms of this loner shall prevail.
Teems used but not defined in this letter shall have the meanings given to them in the Interchange Agreement.
~f1I!!•
Le This transaction shall begin at [TIME[ on [DATE) and shall end [TIME) on [DATE), unless terminated
earlier by either party in accordance with the provisions hereof.
ft~j. Include ak jollowing langaage It thert 6 a reserWOR jee or option prarrlraa.' The obligation of Buyer to
pay the [Roservation Fee) Is absolute and unconditional, subject to no defcnsea, counterclaims or rights of offset or
recoupment
Quantity, -megawatts per hour.
;ya, [A, B, C or D)
Delivery points. The delivery point will be the interface on is
transmisslon system,
Retxesentatiao. Each party represents and warrants to the other that it has the full power and authority to execute
and deliver this letter agreement and to perform all its obligations hereunder, the execution, delivery and
performance of this letter agreement and the performance of Its obligations hereunder and the consummation of the
transactions described herein have been duty authorized by all requisite action on b part; and it has duly executed
and delivered this letter agreement and this letter agreement constitutes Its legal, valid and binding obligation,
enrorceable against it In accordance with its terms.
if you are in agreement with the foregoing please execute where Indicated below and fix a copy of this letter to the
undersigned. 'ibis offer expires at $;00 P.M. on [DATE] (ESJ.).
i
Sincerely,
LUE ENERGY MARKETING INC.
3
<Name~
t .i <Tirle>
' AGREED TO AND ACCEPTEDt
Counte.
I rDam]
<Namey
<Title,>
<Date'>
a~
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II
SCHEDULE 10.3
ADDRESSES
All Noticee to Counterparty: All NuNces to LEM: »
Electric Utility Director LG&E Energy Marketing Inc.
City of Garland 220 West Main Street, 7" Floor
504 State Street P. 0. Box 32380 (40232)
Garland, Texas 75040 Louisville, Kentucky 40202
Attn: Mr. Jim Harder
Attention: Rhoda L, Williams
Greenville Electric Utility System Contract Administrator
6000 Joe Ramsey Blvd. Phone k: 502-6274197
Greenville, Texas 75402 Fax N: 502.627.4177
Attn: Mr. Tom Dante, General Manager
City of Denton
P.O. Box 2347
Denton, Texas 76201
Attn: Ms. Sharon Mays,
Electric Utility Director
Scheduling Requests: Scheduling Requesb:
Garland Operations Center LG&E Energy Marketing Inc. {
J
972-205.3107(Voice) $02-627-4176/4177 (Fax)
972-205-3106 (Fax)
All billings to Counterparty: All billings to LEM:
Garland Power& Light LG&E Energy Marketing, Inc.
Attn: Paul Breitmtan 220 West Main Street
525 E. Avenue B Louisville, KY 40202
Garland, Texas 75040 Attn: Trading Accounts Payable, 7th Floor
All payments to Counterparty: All payments to LEM:
Garland Power & Light ANC Bank Kentucky
Attn: Paul Breitmtan Accounting Title: LG&E Energy Marketing
525 E. Avenue B Inc,
` Garland, Texas 75040 Account Number: 3100532665
ABA Number: 083000108
' Confirmation LG&E Energy Marketing Inc.
Credit and Collections
Attn: Accounts Receivable
Fax M: 502.627-4177
02~
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EXHIBIT A
i
POWER SALES BY
LO&E POWER MARKETING INC. (LPM)
FERC ELECTRIC RATE SCHEDULE NO. i
I
I. Availability: LG&E Power Marketing Inc makes non-firm energy and firm
capacity and associated energy available under this Rate Schedule for wholesale sales to
purchasers with whom it has entered into a contract.
2. ApplicAbility; This schedule is applicable to all saes of non-firm energy and firm
capacity and associated energy by LO&E Power Marketing Inc. not otherwise subject to a
particular rate schedule.
3. j3=: All sates shall be made at rates established by letter agreement between the
purchaser and LO&E Power Marketing Inc.
4. Mel Terms and Core All other terms and conditions shall be established
by agreement between the pwchaser and LO& I Power Marketing Inc.
S, Affiliate Sales Prohibited: No st It may be made pursuant to this Rate Schedule to
any entity controlled by, under common coral with, or controlling LO&E Power Marketing
Inc. a
i
6. Effect;ve Date: This Rate Schedule is effective on and after August 24, 1494.
-
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FROM$ 0£NiO4 UT U RDMt FAR No .1 117066801 t2-79.97 37134 F.01
I Public Utilities Board Minutes
2 November 3, 1997
1 Page: 3
4
S
6 AGENDA ITEM 7: BUDGET VERSUS ACTUAL REVENUES, EXPENSES, AND
7 COMMODITY VOLUMES THROUGH SEPMMBE,R, 1997
8
9 Earl Crews, Financial Administrator, reviewed the budget versus actual revenues, expenses, and
10 commodity volumes through September, 1997, for euh utility. Preliminary results Indicate that
It all utilities will achieve a positive net income.
12~ ,
13 AGENDA rMM 8: CONTRACT TO SELL GENERATING CAPACITY AND ENERGY
14 TO LO&E FNIMGY MARKETING, INC.
13
16 Jim Thune, Plant Manager, said staff rerommends executing a contract lot sale of excess
17 generating capacity to LO&K Energy Muketing, Inc.
l8
19 Ho explained the cities of Denton, Garland, and Greenville ('collecdvely operating as DGG%
0 have negotiated a contract with LGd6E Energy Marketing, Inc., for the sale of exc"3 generadon
1 capacity to LG&E. The resulting contract has been prepared for execution by each of the DOG
2 cities.
3
s Board Member Glen moved, Board Member Norton seconded, and the Hoard agreed to accept
I the contract to sell generating capacity and energy to LG&E Energy Marketing, Inc.
_ 6
27 AGENDA rMM 9: DENTON STATE SCHOOL LLECTRIC SYSTEM
28
29 Ray Wells, Latge Customer Marketing, informed the Hoard that staff recommends Denton
30 Municipal Electric Utilities begin negodations to develop a contract which would allow the
31 systematic assumption of ownetAlp of the Denton State School electric system.
32
33 The Denton State School has made a request that Denton Municipal Electric Utilities take ovet
34 ownership of their campus electric faeilldea which are old and In need of a major upgrxlde,
35 Mr. Wells explainer! the State School made a budgetary request to the Stale of Texu but was
36 denied funding, They were informed they should explore the possibility of having their mvice
37 provider take over the system and perform the necessary upgrade. This takeover Lad upgrade
38 Is probably the only way we can assure the retention of this customer, he said,
39
40 Staff recommends making an offer to assume responsibility for system maintenance while we
41 upgrade facilities. System ownership would be assumed as each kuilding Is changed over to the
42 new system and lndividiWly metered, Based on information provided by our EnginsleMS staff,
43 Mr, Wells said the upgrade to our standard system voltage and specification would cost
44 approximately $500,000.
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Wy OF "MN, TEXAS MUNICIPAL BUILOW0 ~ OENTON, TEXAS 76201TELEPHONE 817~W-B30A
0117ke of the City Secretery
MEMORANDUM
DATE: January 8,1498
TO: Mayor and Members of the City Council
FROM: Jennifer Walters, City Secretary
SUBJECT: BoardlCommission Appointments
The following is a list of current Board/Commission vacancieslnominations:
i
Council Member Krisloferson has nominated Julie Klinck to the Cable T.V, Advisory Board.
i
If you require any further Information, please let me know,
le al
Cit S rctary
ACCUDOF4
y 'D kated to Qlwfy Seat""
/~,yc, Fl7.xrW 3201'