2004-161OR ANCENO. d'OO"/- /
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON APPROVING A
LICENSE AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND THE GIRL
SCOUTS CROSS TIMBERS COUNCIL PERTAINING TO THE CONTINUED USE OF A
BUILDING LOCATED WITHIN CIVIC CENTER PARK; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City is the owner and operator of a municipal park known as Civic
Center Park which is located in the City of Denton, Denton County, Texas (the "Park"); and
WHEREAS, the Girl Scouts Cross Timbers Council (the "Council") has for many years
used a building located on the Park for girl scout activities; and
WHEREAS, the City and Council desire to memorialize such usage through a license
agreement a copy of which is attached hereto and made a part hereof by reference (the "License
Agreement"); and
WHEREAS, the City Council finds that the License Agreement is in the public interest
and the activities under the License Agreement are a park and recreation activity; 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 City Council of the City of Denton hereby approves the License
Agreement and authorizes the City Manager, or his designee to execute it on behalf of the City of
Denton and to carry out the City's rights and duties under the Agreement.
SECTION 3.
approval.
PASSED AND APPROVED this the /
EULINE BROCK, MAYOR
This ordinance shall become effective immediately upon its passage and
,2004.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
Page 2
LICENSE AGREEMENT
This Agreement is made this ~~2g~day of APRIL ,, , 2004, by
and between the CITY OF DENTON, TEXAS~, a home rule municipal corporation (Licensor"),
and GIRL SCOUTS CROSS TIMBERS COUNCIL, a Texas non-profit corporation
(' 'Licensee").
RECITALS
a. Licensor is the owner of a public park called Civic Center Park. On Civic Center Park is a
building that has been occupied by License for several years. Such building is located as shown
on the drawing attached hereto and made a part hereof as Exhibit "A" (the "Property").
b. Licensee desires to continue to exercise certain fights and privileges upon the Property.
NOW, THEREFORE, it is agreed as follows.
1. Licensee shall have the fight to use the Prope~y for gift scout activities in the same
manner as it has done so in the past. The parties acknowledge and agree that such activities are
park or recreational activities and constitute a park purpose. No other uses of the Property or
modifications to the building or surrounding grounds are permitted without the pfior written
consent of Licensor. Licensee shall maintain the Property including the building and
surrounding grounds in a clean and orderly manner and in compliance with City of Denton
codes, ordinances and park roles.
2. While this license is in effect Licensor will not make modifications to the Property that
will prevent Licensee from using the Property for the purposes stated in Section 1 above and any
such modifications by Licensor will be based on the best interests of the citizens of Denton and
the long-term needs of Civic Center Park.
3. This license is personal to the Licensee. It is not assignable, and any attempt to assign this
license will terminate the license.
4. This agreement is terminable by either party at will by the giving of actual notice to the
other party.
5. Licensee shall hold harmless, release, defend, and indemnify Licensor against any mits,
liabilities, claims, demands, or damages, including but not limited to personal injuries, property
damages and attorneys' fees, arising from Licensee's exercise of the license under this
Agreement.
Signed effective as of the date first above written.
City Manager
Jel~n~er ~. V~a~ters
City :Secretary
APPROVED AS TO FORM:
HERBERT L. PROUTY, CITY ATTORNEY
anc~c~oss Tnvm~s cot~xCm /'-'"x
Page 2
ACKNOWLEDGMENTS
STATE OF TEXAS )
COUNTY OF DENTON )
This ~nstmme.n.t was acknowled ed befl re me ~,n ':'e/ff~' f
· ' g o ,. m ~-aay o ~ 2004 by Michael
A. Conduff, C~ty Manager of the City of Denton, Texa-~s, on behalf~6f said city.
..-~.' '.:s~ Notary Public. Stere of Texas
~1 ........ " June 27, 2005
Nofi~ Public, in and for the State of Texas
My Commission expires: _~/. ~_~,,
STATE OF TEXAS )
corrm¥ ov )
This instrument was acknowledged before me on thd~ day of /4~,'/ , 200z~ by
Ald~-id~6 ,~ ~ 4 , the Cha ;~. ~o~d~ ~,3.e t ~f ~ Scouts Cross Timbers Council on
be~lf of s~d ~oration. ~ ~ ~ d
~blic, i~ and for thc State of Texas
My Commission expires:/
Page 3
Exhibit A
Girl Scout Building, Civic Center Park
N