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