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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 Page 2 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 Page 3