Loading...
1998-011AN 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 DATE WHEREAS, the City of Denton and the City of Dallas have entered into a Park Manage- ment Contract with the Texas Parks and Wildlife Department ("TPWD") and are negotiating 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- ignited 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 bmld eertmn improvements at the Ray Roberts Lake "Jordan Umt" 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 concesslonmre 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 SECTION I. 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 Potentml 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- rent Park Management Contract with TPWD and in the event the other contingencies set forth in the Concession Contract occur, whxch Contingent Agreement is attached hereto and made a part of th~s ordinance, occur SECTION II That the City Manager be directed to send a true and correct copy of tl~s ordinance along wah the attached Contingent Agreement to the appropriate official of the City of Dallas, TPWD, and the Corps of Engineers SECTION III. That this ordinance shall become effective immediately upon its passage and approval e '~ da of ~//~/~//- 1998 PASSED AND APPROVED this th ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATT/O'RNEY Page 2 CONTINGENT AGREEMENT BETWEEN THE CITIES OF DALLAS AND DENTON, TEXAS AND LARRY R LAKES CONCERNING POTENTIAL CONCESSION FOR JORDAN UNIT T~s Agreement is made and entered into as of the day of , 1998, by and between the C~ty of Dallas, Texas, a Texas mummpal corporation, with ~ts pnnmpal office at 1500 Manlla, SEN, Dallas, Dallas County, Texas 75201 (heremafier referred to as "DALLAS"), the C~ty of Denton, Texas, a Texas mumc~pal corporatmn, w~th ats pnnmpal office at 215 East MeKmney 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 part, es acting hereto mdawdually or by and through their duly authorized offimals WITNESSETH WHEREAS, DALLAS and DENTON have contracted w~th the Umted States of America (hereinafter called the "GOVERNMENT") under Contract Numbers DACW63-60-C-0106 and DACW63-80-C-0107 to adrmmster project land and water areas for recreation purposes to oper- ate, mamtmn, and replace facilities located at Ray Roberts Lake and more fully described an those Contracts (heremat~er referred to as "GOVERNMENT CONTRACTS"), and WHEREAS, DALLAS and DENTON have entered anto that Park Management Contract between Texas Parks and Wfldhfe Department (hereinafter referred to as "TPWD") dated June 3, 1991, whereby TPWD assumes respons~blhty for all the operatxon, maintenance, and replace- ment responmbflltles of the C~t~es under the above-menttoned GOVERNMENT CONTRACTS, and WHEREAS, DALLAS and DENTON are renegotmtmg the emstmg Park Management Contract wtth TPWD, and WHEREAS, at the same tame, LAKES as negotiating a Concessaon Contract for the Jor- dan Umt vath TPWD, and WHEREAS, LAKES desires to be able to contmue any busmess interest and concession operations at the Jordan Umt w~thout interruption ~n the event that DALLAS and DENTON can- cel the Park Management Contract wtth TPWD and assume responsibility for management, op- eration, and replacement of the Ray Roberts Lake Project, and WHEREAS, DALLAS and DENTON beheve ~t ~s ~n the pubhc interest and of benefit to the Crees to contmue to obtain LAKES as concessionaire for the Jordan Umt, m the event they assume the Perk Management Contract, NOW, THEREFORE, IN CONSIDERATION of the promises and the covenants herein contmned, the parties hereto contract as follows I CONTRACT CONTINGENT This Agreement shall be contingent and shall not be in full force and effect until all of the fol- lowing events or contingencies take place 1 LAKES and TPWD enter into a valid and enforceable Concession Contract for the op- eration of the Ray Roberts Lake Jordan Umt State Park, substantially m the form of the terms and conditions m Exhtbit "A", which is attached hereto and made a part of flus Agreement for all purposes 2 DALLAS and DENTON terminate the existing Park Management Contract between them and TPWD and enter into a binding Park Management Contract where DALLAS and/or DENTON agree to assume management, operation, msantenance, and replacement re- sponslbthttes for all of the designated park areas and access points associated with the Ray Roberts Lake ProJect 3 All the parties hereto have executed thts Agreement, and, if necessa~, the Agreement has been approved by the Umted States Corps of Engineers (hereinafter referred to as "CORPS") II DALLAS' AND DENTON'S OBLIGATIONS Sub. leer to the above contingencies being fulfilled and for and m consideration of LAKES' agreement to continue as concessiona~re, DALLAS and DENTON 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 Contractlshall m any way convey, trarmfer, effect, or dilute any existing water rights or rights to water wllaeh DALLAS and DENTON currently have or may acqmre in the future It being the intent of the Cities that they retain all right, title, and interest in sad water rights and rights to water, regardless of any terms in the Concession Contract, including, without limitation, Section 6B! III LAKES' OBLIGATIONS 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- sion Contract, LAKES agrees to continue as concessrona~re and to completely fulfill all the terms and obhgat~ons under the Concession Contract Page 2 IV MUTUAL NEGOTIATION In the event, and only m the event, the Concesston Contract has been terminated or ts no longer tn exastence at the ttme and all other contmgenctes have been fulfilled, including that DALLAS and DENTON have assumed the Park Management Contract from TPWD, then DAL- LAS, DENTON, and LAKES agree to use their best efforts to negotiate a Concesston Contract, substanttally s~mflar to the attached Exhibit "A" V LAWS AND REGULATIONS LAKES shall fully comply w~th all applicable local, state, and federal laws and regula- t~ous, mcluthng, but not hm~ted to Section 13-20 of the Code of Ordmances of DENTON relat- ing to food service establishments, and shall obtain a permtt as reqmre for food servtce estab- hshments, pay the apphcat~on fee, and comply w~th all other apphcable requirements of Chapter 13 "Food and Food Servlee Establishments" of the Code of Orduiances of DENTON VI SUBORDINATE TO CONTRACTS The partaes understand and agree that thts Agreement ~s subordinate to and subject to all of the terms and eondmous contained m the GOVERNMENT CONTRACTS dasenbed above, and ns also further subject to any eontmgenctes m the Concesston Contract, including, wtthout hmttat~on, LAKES' completion of the eddtt~onal phases of the Jordan Unat Project as set forth ~n the Jordan Resort Prospectus between TPWD (State) and LAKES VII CONFLICT OF INTEREST No officer or employee of DENTON, nor any member of any DENTON board or eom- mtsslon wtuch exercxses independent soverexgn funcUons of government shall have any financial mterest, d~rect or indirect, ~n this Agreement or the underljnng Concession Contract VIII VENUE Venue of any suit or cause of action under th~s Agreement, or m the event of DALLAS' and DENTON'S assumptton of the underlying Concession Contract, shall he exelusavely tn Denton County, Texas, regardless of any venue clause m the Concession Contract to the con- IN WITNESS HEREOF, the C~ty of Denton, Texas has caused this Agreement to be exe- cuted by ~ts duly anthonzed Mayor, m accordance w~th the attached ordinance passed by ars Ctty Council, and the C~ty of Dallas, Texas has caused this Agreement to be executed by tts duly authorized , m accordance wtth the attached orchnance or resolution Page 3 passed by ~ts City Cotmcfl, Larry R Lakes, individually, has executed tNs Agreement, and a duly authorized representative of the Umted States Corps of Engineers has approved flus Agree- ment, m accordance with authority granted to h~m by the federal government EXECUTED tins the . day of ,1998 CITY OF DENTON, TEXAS ATTEST JENNIFER WALTERS, CITY SECRETARY HERBERT L PROUTY, CITY ATTORNEY CITY OF DALLAS, TEXAS RONKIRK, MAYOR ATTEST CITY SECRETARY BY Page 4 APPROVED AS TO LEGAL FORM CITY ATTORNEY BY Page 5 NOW-26-199? 13 12 TPWD PL REGION 8 P 8~2 ~TATI~ OF ~ PARg~ AND WILDLIX~ D~PAItTI~NT ~'TAT1~ NOU-26-1997 13 1~ TPWD PL REGION 8 P 8.3 ~mm~m' ~mm ~m~mmm~, m tomy h ~m~dbm~ ~ ~m ~mm~ mn~ ~m ~ ~mm mmm~ ~m m m~y h TOTAL ~uv-~o-l~? ).~ 1~ TPtdO PL. ;BEGIO~I 8 P 14 TOTAL P 15