Res 057-98 4/21/1998RESOLUTION NO.
A RESOLUTION APPROVING THE LEASE FOR A COMMUNITY
GARDEN WITH P.E.O.P.L.E. - WICHITA FALLS WEED AND SEED 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, P.E.O.P.L.E. - Wichita Falls Weed and Seed 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 P.E.O.P.L.E. - Wichita Falls Weed and Seed for a term of one year
on the property at 763 Eastside Drive.
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 21St day of April, 1998.
ATTEST:
UziL
4 MAY R
GARDEN LEASE
STATE OF TEXAS §
COUNTY OF WICHITA §
This Lease Agreement, made and entered into on the day of April, 1998, by and
between the City of Wichita Falls, Texas, a municipal corporation, acting through its City
Manager, hereinafter called "City," and P.E.O.P.L.E. - Wichita Falls Weed and Seed,
hereinafter called "Lessee,"
WITNESSETH:
City does hereby lease to Lessee the following described real property located in
Wichita County, Texas, to -wit:
South 80 feet of Lots 11, 12, and 13 less ROW, Block 2,
Granger Park Addition, also known as 763 Eastside Drive.
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.
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.
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5. UTILmES. 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. B FAcH 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 L•Aw 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.
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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.
Attest:
City Clerk
Approved as to Form:
Assistant City Attorney
La
By:
CITY OF WICHITA FALLS, TEXAS
City Manager
LESSEE
Address
City State Zip Code
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STATE OF TEXAS §
COUNTY OF WICHITA §
This instrument was executed before me on this day of April, 1998, by Jim
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 April, 1998, by
for P.E.O.P.L.E. -
Wichita Falls Weed and Seed.
Notary Public, State of Texas