Res 081-86 6/3/19865
RESOLUTION NO. f/—,
RESOLUTION APPROVING LEASE OF PROPERTY TO AMERICAN
RED CROSS.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS, TEXAS, THAT:
That certain lease, a copy of which is attached hereto, from
the City to the American Red Cross , Wichita County Chapter, covering
two tracts of land out of Lot 1-B, Replat of Lot 1 , Block 7,
Bellevue Addition to the City of Wichita Falls, as described in
said lease, is hereby approved, and the City Manager is authorized
to execute the same for the City of Wichita Falls .
PASSED AND APPROVED this the 3rd day of June, 1986 .
M A Y O R
ATTEST:
City Clerk
TRACT ONE
A tract of land out of Lot 1-B, Replat of Lot 1, Block 7, Bellevue Addition
to the City of Wichita Falls, Texas, as shown in volume 14, page 66, of the
plat records of Wichita County, Texas, and is described by metes and bounds
as follows:
Beginning at the southeast corner of Lot 1-A, Replat of Lot 1, Block 7,
Bellevue Addition, said corner bears south 146.0 feet and west 100 feet
from the northeast corner of said Lot 1-B;
Thence south parallel to and 100 feet west of the west right-of-way line
of Baylor Avenue 217.6 feet to a point in a fence line;
Thence in a westerly direction along a fence 193.7 feet to a fence and the
southwest corner of this tract;
Thence north along a fence 120.7 feet to a point;
Thence east along a fence 8.5 feet to a point;
Thence north along the east fence of a tract of land leased to the U.S.
Naval Reserve 94.4 feet to the southwest corner of said Lot 1-A, a tract
of land conveyed by the City of Wichita Falls to the American Red Cross
and described in volume 1056, page 894, in the deed records of Wichita
County, Texas;
Thence in an easterly direction along the south line of said Lot 1-A,
141.4 to a point;
Thence north 4.9 feet to a point;
Thence east 43.6 feet to the Place of Beginning and containing 0.937 acres,
more. or less.
TRACT TWO
A 30 foot wide tract of land out of Lot 1-B, Replat of Lot 1, Block7, Bellevue Addition as shown in Volume 14, Page 66 of the plat recordsofWichitaCounty, Texas. Said 30' wide easement is described by metesandboundsasfollows:
Beginning at a point in the west right-of-way line of Baylor .Avenue363.4 feet south of the northeast corner of Block 7, Bellevue Addition; .
Thence west 100 feet along a fence; •
Thence north 30 feet;
Thence east 100 feet to a point in the west right-of-way line of Baylor 4Avenue;
Thence south along.. the west right-of-way.of Baylor Avenue 30 feet tothePlaceofBeginningandcontaining0.069 acres, more or less.
Page 7 of 7 Pages
Agenda Item No. 11 .i .
THE STATE OF TEXAS X
COUNTY OF WICHITA X
This lease agreement made and entered into this the 1st day
of June, 1986 , by and between the City of Wichita Falls, herein-
after called "City" , and American Red Cross , Wichita County Chapter,
hereinafter called "Red Cross" ,
WITNESSETH :
For and in consideration of the mutual covenants herein
contained, the parties hereto do hereby agree as follows :
1 . City does hereby lease to Red Cross that certain tract of
land containing 0 .937 acres, more or less, shown as Tract One on the
exhibit attached hereto. Such property shall be used by Red Cross
for the purposes for which they are organized. In addition, City
grants to Red Cross a license to use Tract Two for access to the
leased premises , for as long as this lease is in effect.
2 . This lease shall be for a term of fifty (50) years .
3 . It is understood and agreed that Red Cross shall have
exclusive possession and control of the leased premises, and shall
be solely responsible for the maintenance, repair and upkeep of the
leased premises in a safe condition for use . Red Cross shall indem-
nify and hold harmless the City for all claims for damages for
personal injury or death and property damages arising out of the
use of the leased premises .
d
4 . Red Cross will maintain the leased premises in a neat and
attractive condition, and will not allow any trash, rubbish or
other waste material to accumulate on the premises, nor will it
allow weeds or grass to grow over nine (9) inches tall upon the
premises . Red Cross shall not allow nor maintain any nuisance of
any kind on the leased premises. The use of the premises shall be
governed by all applicable state laws and City ordinances..
5 . If Red Cross breaches any of the covenants contained
herein, and such breach is not corrected within thirty (30) days
t
after the City gives written notice to Red Cross to correct such
breach, City may terminate this lease .
6 . If Red Cross should cease to use this property for Red
Cross purposes , City shall have the right to terminate this lease .
7 . If, at any time during the term of this lease, the Wichita
Falls City Council makes a determination that the leased premises
are needed for some public purpose, City may terminate this lease
by giving Red Cross notice in writing one (1) year prior to such
termination.
8 . City makes no covenant of quiet enjoyment with regard to
this lease . If for any reason City is prevented or prohibited from
making this lease, City shall have the right to terminate this lease .
9 . Red Cross shall pay no monetary rental for this lease; its
consideration for the lease is its agreement to provide at its
expense Red Cross services for the health, safety and general welfare
of the citizens of Wichita Falls .
10 . When this lease terminates, Red Cross may remove any
improvements placed by it on the premises, but shall leave the
premises in a clean and level condition.
This agreement is executed as of the day and year first set
out above .
CITY OF WICHITA FALLS, TEXAS
By :
City Manager
ATTEST: 4
City Clerk
APPROVED AS TO FORM:
City Attorney
AMERICAN RED CROSS , WICHITA COUNTY
CHAPTER
By:
Chairman, Board of Directors
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