Res 032-2011 4/5/2011 RESOLUTION NO. 32-2011
Resolution Authorizing The City Manager To Execute An Amended
Lease With Wild Bird Rescue, Inc. For Property Located At 4611 Lake
Shore Drive
WHEREAS, the current lease reflects a 2.5 acre tract of land at 4611 Lake
Shore Drive to be leased to Wild Bird Rescue, Inc. rather than a 1.094 acre tract; and
WHEREAS, the Wild Bird Rescue, Inc. has requested an additional 0.351 acre
tract be included in the lease; and
WHEREAS, the requested changes will have no affect on the term or expiration
date of the lease originally passed on November 20, 2007 by Resolution 168-2007.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
The City Manager is hereby authorized to execute the attached amended Wild
Bird Rescue Lease with Wild Bird Rescue, Inc, with such changes to form as are
approved by the City Attorney.
PASSED AND APPROVED this the 5 day of April, 2011.
MAYOR
ATTEST:
C Clerk
Wild Bird Rescue Lease
(Amended 2011)
STATE OF TEXAS §
COUNTY OF WICHITA §
This Lease Agreement, made and entered into this day of , 2011, by and between
the City of Wichita Falls, Texas, a municipal corporation, acting through its City Manager, hereinafter called
"Lessor," and Wild Bird Rescue, Inc., a Texas non-profit corporation hereinafter called "Lessee,"
WITNESSETH:
WHEREAS, the City is the owner of certain property located within the corporate limits of the City of
Wichita Falls; and,
WHEREAS, Lessee is a non-profit corporation whose mission is to care for sick, injured and orphaned
wild birds, with the goal of returning them to the wild when possible; and,
WHEREAS, it is the goal of Lessee to educate the community about wild birds and wild bird issues.
NOW, THEREFORE, the parties hereto agree as follows:
City does hereby lease to Lessee for a wild bird rescue the following described real property located in
Wichita County, to wit:
FIELD NOTES (Tract 1)
FIELD NOTES OF A 1.094 ACRE TRACT OUT OF LOT 1, BLOCK 1, WILD
BIRD RESCUE ADDITION TO THE CITY OF WICHITA FALLS, TEXAS AS
RECORDED IN VOLUME 27, PAGE 1438, WICHITA COUNTY PLAT
RECORDS, SAID 1.094 ACRE TRACT BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a 1/2 inch iron rod set in the South Right-of-Way line of Lake Shore
Drive for the Northwest corner of said Lot 1, Block l, Wild Bird Rescue Addition,
said iron rod also being the Northwest corner of this tract;
THENCE along the South Right-of-Way line of Lake Shore Drive and North line of
said Lot 1, North 89°35'00" East, 308.91 feet to a 1/2 inch iron rod set for the
Northeast corner of this tract;
THENCE South 11°29'22" West, 136.78 feet to a 1/2 inch iron rod set for the most
easterly Southeast corner of this tract;
THENCE South 52°46'30" West, 46.01 feet to a 1/2 inch iron rod set for an angle
corner of this tract;
THENCE South 79°49'48" West, 53.44 feet to a 1/2 inch iron rod set for the most
southerly Southeast corner of this tract;
THENCE North 89°23'26" West, 36.41 feet to a 1/2 inch iron rod set in the south line
of said Lot 1 for an angle point of this tract;
THENCE along the south line of said Lot 1 as follows:
North 83°19'S1" West, 92.91 feet to a 1/2 inch iron rod for an angle point of this
tract;
South 78°53'S1" West, 39.55 feet to a 1/2 inch iron rod for an angle point of this
tract;
South 22°29'46" West, 41.00 feet to a 1/2 inch iron rod for the Southwest corner
of this tract;
THENCE along the west line of said Lot 1, North 02°46'09" West, 204.46 feet to the
Place of Beginning and containing 1.094 acres of land.
FIELD NOTES (Tract 2)
FIELD NOTES OF A 0351 ACRE TRACT OUT OF LOT 1, BLOCK 1, WILD
BIRD RESCUE ADDITION TO THE CITY OF WICHITA FALLS, TEXAS AS
RECORDED IN VOLUME 27, PAGE 1438, WICHITA COUNTY PLAT
RECORDS, SAID 0351 ACRE TRACT BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a 1/2 inch iron rod set in the South Right-of-Way line of Lake Shore
Drive for the Northeast corner of said Lot 1, Block 1, Wild Bird Rescue Addition, said
iron rod also being the Northeast corner of this tract;
THENCE along the East line of said Lot 1, South O1°32'49" West, 215.21 feet to a
1/2 inch iron rod set for the Southeast corner of this tract;
THENCE North 54°08'23" West, 111.80 feet to a 1/2 inch iron rod set for the
Southwest corner of this tract;
THENCE North 09°25'37" East, 151.15 feet to a 1/2 inch iron rod set in the South
Right-of-Way line of Lake Shore Drive and the North line of said Lot 1, for the
Northwest corner of this tract;
Thence along the South Right-of-Way line of Lake Shore Drive and the North line of
said Lot 1, North 89°35'00" East, 71.66 feet to the Place of Beginning and containing
0.351 acres of land.
AERIAL LOCATION MAP
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1. TERM. The land is leased for a term of twenty (20) years commencing on January 1, 2008 and
ending on December 31, 2028.
2. RENT. Lessee agrees to pay the City 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 Property
Management Department or at such other places may be designated in writing by the City.
3. LESSEE'S COVENANTS.
a. Taxes and assessments. Lessee agees 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 ar
any part thereof, whether the taxes, assessments and charges are legally payable by
Lessor or Lessee.
b. Utilitv and other char�es. Lessee will pay when due all utility charges including but
not limited to water and sewer, gas, heat, light, power, and telephone charges.
c. Repair and maintenance. Except as otherwise provided, Lessee will maintain and
keep in good repair all buildings and other improvements now or hereinafter
located on the leased premises. Lessee shall also keep the premises mowed and in a
neat and orderly appearance.
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 ar 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 perfortned.
8. LIABILITY 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 BUILDINGS. Before beginning construction or substantial alteration of
any building or buildings on the leased premises, Lessee will obtain Lessor's written approval of the plans and
specifications.
10. OTHER CITY USES. This lease shall not be construed in any manner to prohibit Lessor's
construction of a public trail across the Leased Premises and along the shore of Lake Wichita nor will it at any time
restrict or prohibit ingress and egress to the public boat ramp without the written consent of the City.
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.
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. LIMTTATION 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 th1S day of , 2011.
Wild Bird Rescue, Inc. City of Wichita Falls, Texas
Darron Leiker, City Manager
By:
Title:
Attest:
City Clerk
Approved as to Form:
City Attorney
STATE OF TEXAS §
COUNTY OF WICHITA §
This instrument was executed and acknowledged before me this day of , 2011, by
Darron J. Leiker for the City of Wichita Falls.
Notary Public, State of Texas
STATE OF TEXAS §
COUNTY OF WICHITA §
This instrument was executed and acknowledged before me this day of , 2011, by
for The Wild Bird Rescue Inc.
Notary Public, State of Texas