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Res 105-2006 8/15/2006 RESOLUTION NO. �DS�c��Cp RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE OF LAND IN UNIVERSITY KIWANIS PARK TO THE JUNIOR LEAGUE OF WICHITA FALLS, INC. FOR DEVELOPMENT INTO A BASEBALL FIELD FOR HANDICAPPED PERSONS; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. WHEREAS, the Junior League of Wichita Falls, Inc. wishes to develop a baseball field in University Kiwanis Park for handicapped persons; and WHEREAS, the Junior League has agreed to perform all maintenance of the leased parcel of land; and WHEREAS, the proposed development by the Junior League will be a compatible park land use. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1. The City Council hereby gives commitment to the Junior League of Wichita Falls, Inc. to a lease of land in University Kiwanis Park for development into a baseball field for handicapped persons; and, should the Junior League Board select this site for their project the City Manager is hereby authorized at that time to execute a lease document, as herein attached, to the Junior League. SECTION 2. It is hereby officially found and determined that the meeting at which this resolution was passed was open to the public as required by law. PASSED AND APPROVED this the 15th day of August, 2006. MAYOR ATTEST: � ity Clerk .IUNIOR LEAGUE LEASE STATE OF TEXAS § COUNTY OF WICHITA § This Lease Agreement, made and entered into this day of , 2006, by and befinreen the City of Wichita Falls, Texas, a municipal corporation, acting through its City Manager, hereinafter called "Lessor," and the Junior League of Wichita Falls, Inc., a Texas non-profit corporation hereinafter called "Lessee," WITNESSETH: WHEREAS, the Lessor is the owner of University Kiwanis Park located within the corporate limits of the City of Wichita Falls; and, WHEREAS, Lessee is a non-profit corporation; and, WHEREAS, it is the goal of Lessee to provide a baseball field for use by handicapped persons. NOW, THEREFORE, the parties hereto agree as follows: City does hereby lease to Lessee for development and operation of a baseball field for use by handicapped persons the following described real property in University Kiwanis Park located in Wichita County, to wit: An area of approximately 2.5 acres out of a 80 acre tract of University Kiwanis Park, being the east one-half (1/2) of Block No. Twenty-two (22), of the Walker and Fletcher Cowherds Subdivision of League No. one (1), Denton County School Lands, Wichita Falls, Wichita County, Texas. The 2.5 acre tract herein leased is further described in the map attached as Exhibit A and incorporated herein. 1. TERM. The land is leased for a term of fifty (50) years commencing on , 2006 and ending on , 2056. 2. RENT. Lessee agrees to pay the Lessor an annual rental under this agreement the sum of one dollar ($1.00) for the period of this lease, said rental payable in advance of each year at the office of the Parks and Recreation Department or at such other places may be designated in writing by the Lessor. 3. LESSEE'S COVENANTS. a. Taxes and assessments. Lessee agrees to pay when due, all real property taxes, assessments and charges of every kind whatsoever that may be lawfully imposed, assessed, or charged during the term of this lease against the leased premises or any part thereof, whether the taxes, assessments and charges are legally payable by Lessor or Lessee. b. Utility and other charqes. Lessee will pay when due all utility charges including but not limited to water and sewer, gas, electricity, cable, and telephone charges. c. Repair and maintenance. Lessee is responsible for all maintenance within the leased premises. This includes the buffer land surrounding any fencing and structures and as noted on the attached map. Lessee shall maintain and keep in good repair buildings, structures, baseball field, and other improvements now or hereinafter located on the leased premises. Lessee shall also keep the grounds mowed and in a neat and orderly appearance. d. Siqnaqe. A facility name sign is permitted at the entrance gate of the leased premises. e. Times of use. It is understood the baseball facility will be used primarily by handicapped persons on Saturday mornings and there may be traffic conflict with existing users of the other baseball fields and the group rental shelter. If significant conflict occurs, as determined by the City, it may be incumbent upon the Junior League to reduce any such conflict by developing additional parking spaces for their patrons along the Lakeview Cemetery access road. f. Uses. It is understood the facility will be used for organized and supervised baseball games by handicapped persons. 4. UNLAWFUL USES; INDEMNIFICATION. Lessee will not make or allow to be made any unlawful, improper or offensive use of the premises or any part thereof, and agrees to keep the same in a strictly decent, safe, and sanitary condition, observing all municipal, state, and federal laws, ordinances, rules and regulations, now or hereafter in effect. Lessee further agrees to indemnify Lessor against any and all claims, demands, costs or judgments of any kind whatsoever made or suffered by reason of the breach of this covenant. 5. ADDITIONAL INDEMNIFICATION. Lessee agrees to indemnify Lessor from or against any and all claims, demands, costs, attorneys fees, expenses or judgments that may arise or that Lessor may suffer on account of or in connection with the leased premises or any condition or occurrence thereon. 6. ASSIGNMENT. Lessee shall not assign this lease nor sublet the premises without the prior written consent of Lessor. 7. INSPECTION. Lessor shall have the right at all reasonable times during the term of this lease to enter the premises and any buildings or other improvements to determine if the covenants made by the Lessee are being performed. 8. LIABLITY INSURANCE. Lessee will, at Lessee's own expense, procure and maintain during the term of this lease general liability insurance in the aggregate amount of one hundred thousand dollars ($100,000.00). The City shall be listed as an additional insured on such policy. 9. CONSTRUCTION OF STRUCTURES. Before beginning construction of any building or fencing on the leased premises, or underground utilities in or outside the lease premises, the Lessee will obtain Lessor's written approval of the plans and specifications to ensure the development is an asset for and not detrimental to surrounding park uses. Fencing and buildings shall be set back from the lease boundary to allow a suitable perimeter buffer area for the benefit of adjacent park uses. Underground utility extensions, meters, connection taps, and easements will be the responsibility of the Lessee. 10. PARK ROAD ACCESS. It is understood by the Lessee the condition of the park access road may not be maintained to the condition of normal public streets. The park access road may be connected with Hughes Street. Further, the park access road may, rarely, be closed or have restricted access for public festivals or ballfield tournaments most likely on weekends. 11. SURRENDER. At the end of the term of this lease, Lessee agrees to surrender to Lessor the land leased together with all buildings and other improvements, whether erected by Lessee or otherwise, in good order, repair and condition. Further, with a one year notice in writing to the Junior League of Wichita Falls the Lessor shall have the right to terminate this lease and reuse the property for Lessor's purposes. 12. LESSOR'S RIGHTS ON DEFAULT. This lease is subject to Lessee's performance of the covenants and conditions set forth. If Lessee defaults in perFormance of any of the covenants or conditions, and the breach continues for more than thirty (30) days after Lessee receives written notice of it, or if Lessee files or has filed against it in any proceeding of any kind whatsoever under any provisions of the Federal Bankruptcy Act, or becomes bankrupt or insolvent, or makes any assignment for the benefit of creditors, or abandons the premises, then Lessor may at it's options: (1) pursue any legal remedy to recover for the breach and continue this lease in force or (2) declare the lease forFeited, reenter the leased premises, and remove all persons claiming under the lease and all property of Lessee. 13. NON-WAIVER OF BREACH. Lessor's waiver of Lessee's breach of any covenant or condition contained herein will not be construed as a waiver of the covenant or condition itself, of any subsequent breach, or any other covenant or condition contained herein. 14. NOTICES. Any notice or demand required or permitted to be given will be deemed sufficiently given when delivered or mailed by registered or certified mail, postage prepaid, addressed to the party to receive it at the addresses specified or at any other address or addresses which the receiving party has designated in writing. 15. LIMITATION OF WARRANTIES. THERE ARE NO IMPLIED WARRANTIES OF MERCHANTABILITY OF FITNESS FOR A PARTICULAR PURPOSE, OR OF ANY OTHER KIND ARISING OUT OF THIS LEASE, AND THERE ARE NO WARRANTIES THAT EXTEND BEYOND THOSE EXPRESSLY STATED IN THIS LEASE. EXECUTED tI11S day of , 2006. City of Wichita Falls, Texas By: Darron Leiker, City Manager Attest: City Clerk Approved as to Form: City Attorney Junior League of Wichita Falls, Inc. By: Title: _ =-�� � Juniar League � � L�dse Line ,� � � �� � � � � � � � ❑ Restroom �� :� � Parking � - ��.r Basebc�ll o a '�� t om �+elds � � PI Picnic � �� � � ��, � � � Shelters � � YM�A -�� o � Pt�rking � � ���` Lec�s� Li � y� .E. �� fY '�' �Q� Ta � shop � . Safety Clty � Lease Line � _ 4 ^� � � � ��a - �� UNIVE�SITY , �� N - o �- K11NAN 15 PAR K � ��� � �