Res 050-99 5/4/1999RESOLUTION NO.50 cI
RESOLUTION APPROVING THE LEASE FOR A COMMUNITY GARDEN
WITH EASTSIDE GIRLS AND BOYS CLUB, AND AUTHORIZING THE
CITY MANAGER TO EXECUTE THE AGREEMENT; FINDING AND
DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION
WAS DISCUSSED WAS OPEN TO THE PUBLIC AS REQUIRED BY
LAW.
WHEREAS, the Eastside Girls and Boys Club are working to build community
spirit on the Eastside and want to construct and maintain a community garden plot; and
WHEREAS, the City of Wichita Falls has numerous vacant lots which have been
struck off from delinquent tax suits.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
SECTION 1. The City Manager is hereby authorized to execute the attached
garden lease with the Eastside Girls and Boys Club for a term of one year on the
property at 700 Sullivan Street.
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 4th day of May, 1999.
ATTEST:
d�'
City Clerk
GARDEN LEASE
STATE OF TEXAS §
COUNTY OF WICHITA §
This Lease Agreement, made and entered into on the day of
, 1999, by and between the City of Wichita Falls, Texas, a
municipal corporation, acting through its City Manager, hereinafter called "City," and
Eastside Girls and Boys Club, hereinafter called "Lessee, ":
WITNESSETH:
City does hereby lease to Lessee the following described real property located
in Wichita County, Texas, to -wit:
Lot 16, Block 20, Bateson 2 "d Addition, also known as 700
Sullivan Street.
1. TERM. The term of this Lease is for a period of one (1) year. This Lease
may be renewed for successive one year periods by mutual agreement of the parties.
The City Manager shall be authorized to execute such renewal leases on behalf of the
City.
2. RENTAL. Lessee agrees to pay City as rental under this agreement the
sum of Ten ($10.00) Dollars.
3. CONSTRUCTION. Lessee agrees that the premises may be used for
gardening purposes only and that no permanent improvements or other habitable
structures shall be erected or placed on the premises.
4. MAINTENANCE. Lessee agrees to keep the premises clean of trash,
rubbish, garbage and waste matter of all kinds. Lessee shall keep the weeds on the
premises mowed to a height not exceeding nine (9) inches.
5. UTILITIES. Lessee shall be responsible for the payment of all utility costs
used on or for the benefit of the leased property, including but not limited to, all water,
gas and electric costs.
6. ASSIGNMENT. Lessee shall not assign nor sublease the premises or any
part thereof to any person, firm or corporation without the prior written consent of City.
7. BREACH OF COVENANTS. If Lessee breaches any express or implied
covenant of this agreement, City shall have the right to cancel this Lease. In no event
shall City, its agents, servants or employees be liable for any damage, breach of
contract, or any action in the nature of a trespass of any kind or character for
terminating this Lease under this provision.
8. INDEMNITY. Lessee agrees that it has thoroughly inspected the above-
described premises prior to executing of this Lease Agreement and has found no
hazardous conditions which may cause injury to persons or damage to property and
Lessee accepts the premises in such condition, and City makes no warranties express
or implied concerning the condition of the premises. Lessee also agrees that City shall
not be liable in any manner for bodily injury or death to any person or damage to any
property (including the person and property of Lessee) caused in whole or part by any
latent or patent condition or defect on the leased premises or as a result of any act or
omission of Lessee or Lessee's invitees or licensees, and Lessee specifically agrees to
indemnify and hold City harmless from any such claims, demands, or suits for injuries
or death to persons or damages to property regardless of whether such injury, death or
damage was caused or contributed to in part by some act or omission by the City, its
officers, agents or employees.
9. RIGHT OF ENTRY. City, its agents, employees or representatives may enter
the leased premises at any reasonable time, on reasonable notice to Lessee (except
that no notice need to be given in a case of emergency) for the purpose of inspection to
determine that the conditions or provisions of this Lease are being fulfilled.
10. APPLICABLE LAW AND VENUE. This agreement and all transactions made
hereunder shall be construed and governed according to the laws of the State of
Texas. Venue for any legal proceedings shall be in Wichita County, Texas.
I
11. INVALID PROVISIONS. In the event any covenant, condition or provision
herein contained is held to be invalid by a court of competent jurisdiction, the validity of
any such covenant, condition or provision shall in no way affect any other covenant,
condition or provision.
12. ENTIRE AGREEMENT. This written contract constitutes the entire agreement
between the parties.
CITYG9�ICHITA FALLS, TEXAS
Attest:
City Cler
Approved as to Form:
Assistant City Attorney
Berzina, Cit}/Manager
EASTSIDE GIRLS & BOYS CLUB
Barbara Green, Executive Director
601 Sullivan
Address
Wichita Falls, Texas 76301
City State Zip
STATE OF TEXAS §
COUNTY OF WICHITA §
This instrument was executed before me on this day of ,
1999, by James Berzina, City Manager for the City of Wichita Falls, a municipal
corporation, on behalf of said City.
Notary Public, State of Texas
STATE OF TEXAS §
COUNTY OF WICHITA §
This instrument was executed before me on this day of _
1999, by Barbara Green, Executive Director, Eastside Girls & Boys Club.
Notary Public, State of Texas