1998-162AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE
AGREEIV[ENT WITH THE DENTON INDEPENDENT SCHOOL DISTRICT FOR THE
LEASE OF TWO PORTABLE BUILDINGS FOR A COMMUNITY POLICE OFFICE, AND
PROVIDING AN EFFECTIVE DATE
WHEREAS, the C~ty deems It m the pubhc interest to enter ~nto a lease w~th the Denton
Independent School District ("DISD") of two 24' x 36' portable bmldmgs to prowde a commu-
nity office for commumty pohcmg acttwt~es until such t~me as a permanent fatality can be con-
stmcted, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
S T_S~ That the C~ty Manager ts hereby anthonzed to enter mto a lease w~th the
DISD for the lease of two 24' x 36' portable bmlchngs to be utilized for commumty pohclng, m
substantmlly the form of the attached lease whmh ~s made a part of thts ordmance for all pur-
poses
~ That thts ordinance shall become effective lmmedmtely upon ~ts passage
and approval
PASSED AND APPROVED th~s the r:71~/1 ttS'day of~,
19959.
ATTEST'
JENNIFER WALTERS, CITY SECRETARY
STATE OF TEXAS §
§ INTERLOCAL COOPERATION AGREEMENT
COUNTY OF DENTON §
This Agreement made and entered into by and between the City of Denton, Texas, a
Texas home-rule mummpal corporation and a pohtmal subdivision of the State of Texas, acting
herein by and through its City Manager, duly anthonzed to execute this Agreement (heremailer
referred to as "Lessee") and the Denton Independent School D~stnct, an independent school
tnct orgamzed and existing pursuant to the laws of the State of Texas and a pohtlcal subd~mslon
of the State of Texas, acting by and through ~ts Superintendent of Schools, duly anthonzed to
execute thls Agreement (heremafter referred to as "Lessor")
WHEREAS, the Lessor is the owner of certmn personal property generally described as
portable bmldmgs, and such property is not reqmred for the current needs of Lessor for educa-
tional purposes, and
WHEREAS, Lessor and Lessee are both local governments with the authonty and power
to contract, and
WHEREAS, both Lessor and Lessee mutually desire to contract under the prows~ons of
Texas Government Code chapter 791, the Interlocal Cooperation Act, and contract pursuant
thereto, a~d
WHEREAS, both parties have the authority to perform the servmes set forth an this
Agreement individually m accordance wth TEX GOV'T CODE §791 071(c), and
WI-IEREAS, the Lessee will make all payments for the lease set forth herem out of avml-
able currerat revenues and Lessor agrees that the payment made by Lessee hereunder, m mew of
the Joint ,Use Agreements between the parties, will fmrly compensate it for the services per-
formed, and
WHEREAS, the Lessee is desirous of leasing the personal property from the Lessor ~n
order to ~lfill current needs of Lessee, NOW, THEREFORE,
Lessor, whose pnnmpal office is situated at 1307 North Locust, Denton, Texas, leases to
the Lessee, whose municipal offices are situated at 215 East MclCdnney, Denton, Texas, and Les-
see leases from Lessor, the following personal property Two (2), 24' x 36' single portable
bmldmgs~ hereinafter referred to as the "property"
SECTION ONE
TERM OF LEASE
The term of this lease shall be mnety-nme (99) years, commencing on October 14, 1997,
and terminating on October 15, 2096, or until the Lessee has no more use for the portable braid-
ings, unl,ss otherwise terminated as provided in this Agreement
SECTION TWO
PAYMENT OF RENT
In considerat~on for the leasing of the property, Lessee agrees to pay Lessor, as rent for
the property, the sum of one and no/100 dollars ($1 00) for the entire term of th~s lease agree-
ment, paYment of wl~ch ~s payable on or before November 1, 1997 Such payment shall be
made at Lessor's address as set forth above
SECTION THREE
USE AND PRESERVATION OF PROPERTY
Lessee shall use the property m a careful and proper manner, shall comply w~th all apph-
cable laws and regulations, and shall mmntam the property m good repair and condition Lessee
assumes all risks of loss and damage to the property from any cause whatsoever and agrees that
the property will be returned to Lessor m the same appearance and condmon as when received,
ordinary wear and tear excepted
SECTION FOUR
TERMINATION OF LEASE BY DEFAULT OR RIGHT
If Lessee ftuls to perform any of the cond~tmns or covenants of thru lease, Lessor may
terminate ~tlus lease and Lessee's right to possessmn of the property, and ~mmedmtely take pos-
session of the property w~thout demand on or not~ce to Lessee Provided, however, ~n the event
of a default, Lessor shall not~fy Lessee in wntmg of any default, descnbmg the conditions of de-
fault ~n detail, at the Lessee's address indicated above, and Lessee shall have s~xty (60) days
from the receipt of the notice to cure any such default Lessee may terminate th~s lease at any
time by giving Lessor thirty (30) days prior wntten notme at the address set forth above
SECTION FIVE
OBLIGATION TO PAY TAXES AND FEES
Lessee shall pay, ~f apphcable, all hcense fees, assessments, and sales, use, property, and
other taxes imposed on the property, e~ther d~rectly or by reimbursement of Lessor, excepting
only taxes ~mposed on or measured by income of Lessor Both part~es understand and agree that
they are both governmental ent~t~es who are exempt from most taxes or assessments
SECTION SIX
LIMITATION OF WARRANTIES
Lessee shall have an opportumty to ~nspect the property to make sure it is adequate for ~ts
purposes prior to entenng ~nto possession of same Lessee acknowledges that the property ~s of a
s~ze, deslgn, capacity, and manufacture selected by Lessee Lessor has not made and does not
make any representatmn, warranty, or covenant, express or ~mphed, w~th respect to the condition
of the property Lessor shall not be hable to Lessee for any habfuty, loss, or damage caused d~-
rectly or indirectly by the property, by any ~nadequacy or defect, or by any mmdent m connection
w~th the property
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SECTION SEVEN
POSSESSION OF PROPERTY
It shall be a reqmrement of th~s lease that the Lessee shall ~mmedmtely perform all tasks neces-
sary and reasonable for the relocation of the portable bmldtngs fi.om their present rotes to the real
property owned or lawfully possessed by the Lessee Fmlure of the Lessee to lmmedmtely per-
form all tasks necessary and reasonable for the relocatmn of such property shall be an event of
default, and Lessor may terminate th~s lease and Lessee's right to possession of the property, and
~mmedmt~ly take possesmon of the property without demand on or notme to Lessee
In w~tness whereof, each party has caused th~s Agreement to be executed on the date ln-
thcated below
EXECUTED thlS ~ ~'~''-~ day of ".ff"-~/~ , 199~ by the Supenntendent of
Schools of the Denton Independent School Dmtnct as authorized by the Board of Trustees of the
Denton Independent School D~stnct
ALBERT THOMAS,
SUPERINTENDENT OF SCHOOLS
EXECUTED tlus tT~~'~ day of ~ , 199~, by the City Manager of
the C~ty of Denton as authorized by the C~ty Council of the C~ty of Denton
TED BENAVIDES,
CITY MANAGER
ATTEST'
JENNIFER WALTERS, CITY SECRETARY
APP ED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
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