2003-257o iN cn NO. Od6- 6-g
AN ORDINANCE APPROVING A LICENSE AGREEMENT BETWEEN THE CITY OF
DENTON AND THE FIRST UNITED METHODIST CHURCH OF DENTON, INC. TO
CONTINUE TO ALLOW USE OF A BUILDING AT EVERS PARK FOR BOY SCOUT
ACTIVITIES; AND PROVIDING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Manager, or his designee, is hereby authorized to execute a
License Agreement between the City of Denton and the First United Methodist Church of
Denton, Inc. in substantially the form of the License Agreement attached hereto and made part of
the ordinance for all purposes (the "License Agreement").
SECTION 2. The City Council hereby finds that the License Agreement is in the public
interest.
SECTION 3. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the /q~'~ day of~, 2003.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY: ~
LICENSE AGREEMENT
This Agreement is made this day of ~~'7 , 2003, by
and between the CITY OF DENTON, TEXAS, a home rule municipal co((-poration ("Licensor"),
and FI/[ST UNITED METHODIST CHURCH OF DENTON, INC., a Texas non-profit
corporation ("Licensee").
RECITALS
a. Licensor is the owner of a public park called Evers Park. On Evers Park is a building that
has been occupied by Licensee 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 rights and privileges upon the Property.
NOW, THEREFORE, it is agreed as follows.
1. Licensee shall have the right to use the Property for boy scout activities i~ 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 prior 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 rules.
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 Evers 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 suits,
liabilities, claims, demands~ or .damages, including but not limited to personal injuries 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
J~fifer K. Walters
City Secretary
APPROVED AS TO FORM:
I-~RBERT L~TUTY, CITY ATTORNEY
FIRST UNITED METHODIST CHURCH OF DENTON,
Page 2
ACKNOWLEDGMENTS
STATE OF TEXAS )
COUNTY OF DENTON )
Notary Public, State of Texas
My Commission Expires
June 27, 2005
This instrument was ac'knowledged before me on the/~ day of t/~?~, 2003 by Michael
A. Conduff, City Manager Of the City of Demon, Texas, on behalf of~aid city.
Not~-~ Pubhc, m and for the State of Texas
My Commission expires: (~/'/f ~ ~2~90~
STATE OF TEXAS )
COUNTY OF'~{'~a~on )
This
instrument
was acknowledged before me on the day of tSt~U~' , 2003 by
~, the ¥{3ul'~l~.J3l[t~t'~rt Se~')f of-~rst United Methodist Church of
,enton, Inc~)n behalf of said co' oraUon
LINDA R. J~OHNSON
~, [. ].~ My Commmmon Expires
~J ,,,,.,,;,,, ~.y 22 2006 J[ Na~ ~ubtic, in'n0 for the State of Texas
Co mi io.
Page 3
EXHIBIT A