1994-154 \WPDOCS\ORD\BR I AR. ORD
NOTE: Amendment to Lease Agreement attached.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND
DENTON STATE SCHOOL FOR THE OPERATION OF A PUBLIC PARK; AND
PROVIDING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the city Manager is hereby authorized to
execute an Agreement between the city of Denton and Denton State
School for the operation of a public park, a copy of which is
attached hereto and incorporated by reference herein.
SECTION II. That this ordinance shall become effective immed-
iately upon its passage and approval.
PASS ED AND AP PROVED th is t he/~day of /~ j~ , 1994.
BOB 'CASTLEBERRY, MAYOR /
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APP~VED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
b:\brter.k .~
AGREEMENT BETWEEN DENTON STATE SCHOOL
AND THE CXTY OF DENTON
Whereas, on May 1, 1993, pursuant to TEX. REV. CIV. STAT. ANN.
art. 4413(32c), and as amended to TEX. GOV'T. CODE ANN. ch. 791,
the Texas Department of Mental Health and Mental Retardation
(hereinafter referred to as Department), the Denton State School
(hereinafter referred to as School), and the City of Denton, Texas
(hereinafter referred to as City) entered into an agreement to
provide for the operation of a public park, known as Briarcliff
Park, by the City of Denton; and
~Whereas, the parties to that agreement now desire to extend
their agreement for the continued operation of a public park and
mutually agree to the following provisions:
I. PROPERTY
Department will permit the City to continue to develop and
maintain a public park on Department's premises located in the city
of Denton, Denton County, Texas, said land which is controlled by
School, a facility operated under the jurisdiction of Department.
This property is located in the city of Denton and is more particu-
larly described by metes and bounds in the attached Exhibit A which
is incorporated herein.
II. CITYtS RESPONSIBILITIES
The City agrees, in exchange for the usage of the above-
described property, to perform the following activities:
1. To continue to operate the park in accordance with all
City regulations and the terms of this Agreement;
2. To remove all trash weekly;
3. To prohibit the consumption of alcoholic beverages in
the park;
4. To maintain a fence surrounding the park property con-
taining a gate to allow access from Denton State
School;
5. To permit Denton State School to utilize all park
facilities at all reasonable hours when the park is
open to the public;
6. To indemnify and hold harmless, the Department, School, the
State of Texas, and any employee or agent of these
entities, from any damage or injury which may occur as a
result of the City's negligence in the operation of the
park on the property; and
7. To remove all City equipment from the property upon the
termination of this Agreement.
III. TERM OF ~GREEMENT
The Agreement period will begin on May 1, 1994, and terminate
at midnight on April 30, 1996, unless said Agreement is extended
through a new or renegotiated agreement made among the parties
involved.
IV. TERMINATION OF AGREEMENT
This Agreement may be terminated only in the event of one or
more of the following conditions occurring=
1. If the city fails to comply with the provisions of the
Agreement;
2. If the need for the park ceases; or
3. If the Texas Legislature requires the use of the
property for State purposes.
Any party may terminate the Agreement for conditions i or 2
listed above by giving thirty (30) days written notice to the other
parties. Any party may terminate the Agreement for condition 3
listed above by giving 360 days written notice to the other
parties.
V. NOTICES
Any notice given by one party to the other parties in connec-
tion with this Agreement shall be in writing and shall be sent by
certified mail, return receipt requested, with postage fees prepaid
as follows:
CITY DEPARTMENT
City Manager DePutY Commissioner for
215 E. McKinney Street Management and SUPPort
Denton, Texas 76201 P.O. BoX 12668
Austin. TX 78711-2668
SCHOOL
Superintendent
~,0, Box 368
DeDton. TX 76202-0368
Notices shall be deemed to have been received on the date of
PAGE 2
receipt as shown on the return receipt.
VI. ENTIR~ AGREEMENT
This Agreement constitutes the entire understanding between the
parties and as of its effective date supersedes all prior or
independent Agreements between the parties covering the subject
matter hereof. Any change or modification hereof shall be in
writing signed by all parties.
~ESSWHERE~i.~h~.p~ies have executed this Agreement on
the/Of~'- day of ~ , 1994.
CITY OF DENTON, TEXAS TEXAS DEPARTMENT OF MENTAL
APPROVED AS TO LEGAL FORM~ DENTON STATE SCHOOL
DEBRA A. DRAYOVITCH,
CITY ATTORNEY
PAGE 3
State
Of Texas §
County
Of Denton §
Amendment of Lease Agreement
This Amendment of Lease Agreement is entered into this ~,~/__Z day of
an~Ment1996, by and. between the Texas Department of Mental Health
al Retardation, an agency in the Executive Branch of the State
of Texas, created pursuant to Texas Health and Safety Code, Chapter 531
et. seq., governed by the Texas Board of Mental Health and Mental
Retardation, and any successors to its duties and functions ("Lessor")
and the City of Denton. Parks and Recreation Department ("Lessee") for
the purpose of extending the term of a Lease dated August 16, 1994.
Recitals
Lessor, as authorized under the provisions of the Texas Health and
Safety Code, Section 533.087, has leased 11.7 acres on the campus of the
Denton State School (Premises) to Lessee for the purpose of providing
a public park, known as Briarcliff Park. Said Lease Agreement expired
April 30, 1996, during negotiations of a subsequent Lease.
Now, Therefore, Lessor and Lessee agree to maintain, on a month-
to-month basis, all provisions of the previous Lease Agreement until such
time as (1) a new Lease Agreement is mutually agreed upon and
executed, or (2) either Party determines that a new Lease Agreement
is not in its best interests. In no case shall this Amendment extend the
term of the recently expired Lease beyond December 31, 1996.
Texas Department of Mental City of Denton, Parks and
Health and Mental Retardation Recreation Department
Don A- ' t, net Ted Benavides, City Manager