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2005-041S:\Our Documents\Ordinances\04~InterlocaI-UNT-Amendment Denia Park.doc ORDNANCE NO. AN ORDINANCE APPROVING AN AMENDMENT TO INTERLOCAL AGREEMENT FOR USE OF DEN-lA PARK BY UNIVERSITY OF NORTH TEXAS; AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE THE AMENDMENT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the University of North Texas ("UNT") and the City of Denton have previously entered into an Inteflocal Agreement dated July 15, 2003 for UNT's use of softball fields at Denia Park (the "Existing Agreement"); and WHEREAS, the City and UNT to extend and amend the Existing Agreement in substantially the same form as the Amendment to Interloeal Agreement attached hereto and made a part hereof by reference (the "Amendment"); and WHEREAS, the City Council finds that the Amendment is in the public interest; NOW, THEREFORE; THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference. SECTION 2. The Amendment is hereby approved. The City Manager, or his designee, is hereby authorized to execute the Amendment on behalf of the City and to exercise the City's rights and duties under the Amendment. SECTION 3. approval. PASSED AND APPROVED this the This ordinance shall become effective immediately upon its passage and day of ~L~~--- , 2005. EULINE BROCK, MAYOR AMENDMENT TO INTER]LOCAL AGREEMENT FOR USE OF DENIA PARK BY UNIVERSITY OF NORTH TEXAS THIS AGREEMENT is made to be retroactively effective as of December 31, 2004 (the "Effective Date") by and between the City of Demon (the "City") and University of North Texas, a Texas State University ("UNT"). WHEREAS, the City and UNT have entered into that certain Interloeal Agreement effective July 15, 2003 for the use of softball fields at Denia Park (the "Agreement"); and WHEREAS, the parties desire to make certain amendmems to the Agreemem (this "Amendmem"); and NOW, THEREFORE, in consideration of the mumai covenants and agreemems comained herein, the parties hereby agree as follows: Section B of Article IV is changed from December 31, 2004 to May 31, 2005, but with the agreemem that LINT will provide the fall of 2005 clinic as provided in Article VI. 2. The following is added to paragraph 1 of Article V: "Submission of field scheduling requests for the spring season must be submitted to the City no later than January 15, 2005." 3. The following is added to paragraph 3 of Article V: "The Demon Gifts Softball Presidem will have direct communication with UNT's Women's Softball Coach regarding scheduling issues that may arise. Information will then be shared with the UNT Assistant Director of Facilities and the Athletic Supervisor of the City." 4. The following undertakings by UNT are added to Article VI: a. No later then May 15, 2005 LINT will install at its expense scoreboards at fields 1 and 3 that match the existing scoreboards at fields 2 and 4. b. No later then May 15, 2005 UNT will purchase fences and gates that meet City specifications which will be installed by the City at the four openings between the existing softball fields. c. No later then May 15, 2005 UNT will pay the remaining balance at Sun Ports for the sunshades that were installed in June, 2004. Page 1 of 3 UNT will coordinate with the City and Denton Girls Sol~ball to make certain that after all UNT use of Denia Fields 2 and 4 pitching robbers and safety bases are reinstalled to meet Amateur Softball Association requirments. However, it is understood that Denton Girls Softball will only use a pitching rubber at Field 4 during tournaments. A system will be developed by the City to minimize any adverse impacts caused by these requirements. e. UNT will not schedule any games to begin after 8:00 p.m. f. UNT will not schedule games to begin before 9:00 a.m. during weekend tournaments. g. Amplified sound shall not exceed the decibel levels allowed by City ordinance. No bugles or trumpets are permitted. UNT will provide two one-day free clinics for the Girls Softball Association, with one during the spring of 2005 and the other during the fall of 2005. The actual dates will be agreed upon with the Girls Softball Association. 5. All other terms and conditions contained in the Agreement that are not expressly amended or changed by this instmmant shall remain in full force and effect. SIGNED to be effective as of the Effective Date as provided above. CITY OF DENTON, TEXAS By: Euline Brock, Mayor ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FOJIdM: HERBER~ ~TTORNEY BY: Page 2 of 3 ATTEST: TEXAS APPROVED AS TO LEGAL FORM: Page 3 of 3