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HomeMy WebLinkAbout2003-257ORDINANCE NO. AN ORDINANCE APPROVING A LICENSE AGREEMENT BETWEEN THE CITY OF DENTON AND THE FIRST UNITED METHODIST CHURCH OF DENTON, INC. TO CONTINUE TO ALLOW USE OF A BUILDING AT EVERS PARK FOR BOY SCOUT ACTIVITIES; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Manager, or his designee, is hereby authorized to execute a License Agreement between the City of Denton and the First United Methodist Church of Denton, Inc. in substantially the form of the License Agreement attached hereto and made part of the ordinance for all purposes (the "License Agreement'). SECTION 2. The City Council hereby finds that the License Agreement is in the public interest. SECTION 3. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the N4 day of 2003. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APP OVED AS TO LEGAL FORM: HERBERT� Y, CITY ATTORNEY BY: LICENSE AGREEMENT This Agreement is made this Na day of L/ 2003, by and between the CITY OF DENTON, TEXAS, a home rule municipal co6oration ("Licensor"), and FIRST UNITED METHODIST CHURCH OF DENTON, INC., a Texas non-profit corporation ("Licensee"). RECITALS a. Licensor is the owner of a public park called Evers Park. On Evers Park is a building that has been occupied by Licensee for several years. Such building is located as shown on the drawing attached hereto and made a part hereof as Exhibit "A" (the "Property")- b. Licensee desires to continue to exercise certain rights and privileges upon the Property. NOW, THEREFORE, it is agreed as follows. 1. Licensee shall have the right to use the Property for boy scout activities in the same manner as it has done so in the past. The parties acknowledge and agree that such activities are park or recreational activities and constitute a park purpose. No other uses of the Property or modifications to the building or surrounding grounds are permitted without the prior written consent of Licensor. Licensee shall maintain the Property including the building and surrounding grounds in a clean and orderly manner and in compliance with City of Denton codes, ordinances and park rules. 2. While this license is, in effect Licensor will not make modifications to the Property that will prevent Licensee from using the Property for the purposes stated in Section 1 above and any such modifications by Licensor will be based on the best interests of the citizens of Denton and the long-term needs of Evers Park. 3. This license is personal to the Licensee. It is not assignable, and any attempt to assign this license will terminate the license. 4. This agreement is terminable by either party at will by the giving of actual notice to the other party. S. Licensee shall hold harmless, release, defend, and indemnify Licensor against any suits, liabilities, claims, demands, or damages, including but not limited to personal injuries and attorneys' fees, arising from Licensee's exercise of the license under this Agreement. Signed effective as of the date first above written. TE:JLif—ert T: ,d K. Walters City Secretary APPROVED AS TO FORM: HERB ERT L. UTY, CITY ATTORNEY BY: FIRST UNITED METHODIST CHURCH OF DENTON, INC. ---- Name: C r+c.v %9ft«I Title: Page 2 ACKNOWLEDGMENTS STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the/9 day of &(4� , 2003 by Michael A. Conduff, City Manager of the City of Denton, Texas, on behalf of Aid city. -- Not' Public, in and for the State of Texas JANE E. RICHARDSON .'� Notary Public. State of Texas ` My Commission Expires G '`I`'1%6�;;'`•' June 27,20 05 My Commission expires: �QJ +00M1�1� STATE OF TEXAS ) COUNTY OF Denton ) This instrument was acknowledged before me on the 4+h day of Au5g t 2003 by Linda fohnson , the YbufklChildoen Seofv of First United Methodist Church of Denton, Inc. on behalf of said co oration. LINDA R. JOHNSON Notary Public, State of Texas My Commission Expires may 22, 2006 NR&y Public, in[And for the State of Texas My Commission expires: Page 3 EXHIBIT A 'r�3�'- � ■ % �)S / ! k ) � � k. � � � � ■ . «I� j\ � © LL u . . . � E | H.L&ON � k ,099+9 +P 3 _r . 2 tea- .