Res 101-84 5/15/1984RESOLUTION NO. 101-84
RESOLUTION APPROVING LEASE WITH WICHITA FALLS
INDEPENDENT SCHOOL DISTRICT OF COMMUNITY
ROOM FACILITIES IN HUEY SCHOOL FOR SCOTLAND
COMMUNITY CENTER.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS, TEXAS, THAT:
That certain lease agreement, a copy of which is attached
hereto, by and between the City of Wichita Falls and the Wichita
Falls Independent School District covering the community room
facilities in Huey School, to be used as the Scotland Community
Center, is hereby approved, and the City Manager is authorized to
execute the same for the City of Wichita Falls .
PASSED AND APPROVED this the 15th day of May, 1984 .
M Y OAR
ATTEST :
City Clerk
5/11/84
THE STATE OF TEXAS X
COUNTY OF WICHITA X
This agreement made and entered into this the day of
1984 , by and between the City of Wichita
Falls, hereinafter called "City" , and the Wichita Falls Independent
School District, hereinafter called "District" ,
WITNESSETH:
WHEREAS, District has constructed an addition to Huey School,
which is located on Block 21, Scotland Addition to the City of
Wichita Falls , which addition includes a community room, which was
contemplated to be leased to City and subleased as hereinafter
provided; also included in the new addition is a physical education
room which adjoins the community room and is separated by a folding
partition, and it was contemplated that such physical education
room would be made available to the City or its sublessee for usage
after school hours when it is not being used by District; and,
WHEREAS, for the purposes of this lease, it is considered that
the total cost for constructing such new addition was $577 ,283 . 00 ,
that the total number of square feet in the new addition is 11,850
square feet, that the total number of square feet in the community
room is 1, 008 square feet (8 .5 percent of the new addition) , and
the number of square feet in the physical education room is 600
square feet (5 percent of the new addition) ; the total number of
square feet in Huey School (both the old building and the new
addition) is 44 , 644 square feet.
NOW, THEREFORE, f or and in considera tion of the mutual covenants
herein contained, the parties hereto do hereby agree as follows :
1. City will pay to District the sum of $63 , 726 . 00 , which
represents the cost of construction of the community room plus one-
half the cost of construction of the physical education room.
5/11/84
2. District hereby leases to City the community room in theYY
new addition of Huey School to be used as the Scotland Community
Center, or for such other appropriate purposes as may be mutually
agreed upon in writing by City and District. In addition, District
grants to City a license to use the adjoining physical education
room after school hours in connection with the Scotland Community
Center when such room is not being used by District.
3 . The term of this lease shall be 99 years from the date
hereof , unless sooner terminated by mutual agreement in writing by
City and District, and the annual rental shall be $1 .00 .
4 . It is contemplated that the community room and the right
to use the adjoining physical education room will be sublet to the
Community Action Corporation. City is hereby authorized to sublease
these premises to the Community Action Corporation, subject to the
terms and provisions of this lease. City and Community Action
Corporation shall not sublease the premises to anyone else or for
any purpose other than a community meeting center without the prior
written consent of District.
5. Separate gas and electric meters have been provided for
the community room; the gas meter is connected directly to the
Lone Star Gas Company gas main, but the electric meter meters
electricity which has passed through the Huey School electric meter.
City shall pay directly to the gas company for gas used in the
community room, and shall pay to District for all electricity used
in the community room.
6. City or its sublessee shall pay District for one-half of
the gas and electricity used in the physical education room, on a
pro rata basis. As the square footage in the physical education
room constitutes 1. 38 percent of the square footage in all of Huey
School except for the community room, the City or its sublessee shall
pay to District . 69 percent of the cost of gas and electricity used
in all of Huey School except the community room.
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7 . City or its sublessee shall pay District for its share
of the cost of furnishing water, sewer service and refuse collection
service to Huey School on a pro rata basis. As the square footage
in the community room and one-half of the physical education room
constitutes 2 . 9 percent of the total square footage in Huey School,
City or its sublessee shall pay to District 2 . 9 percent of the
cost of water, sewer service and refuse collection charged to Huey
School.
8 . City or its sublessee shall pay to District 2 . 9 percent
of the costs of property insurance on Huey School .
9 . City or its sublessee shall be responsible for maintenance
and repairs directly related to the community room and for one-half
of the cost of maintenance and repairs directly related to the
physical education room. (The community room and the physical
education room are each served by its own individual heating and
air conditioning system. )
10 . In the event any major repairs are necessary which affect
the entire new addition, such as the complete roof, City or its
sublessee shall reimburse District 11 percent of the cost of such
major repairs.
11. Members of the public who are using these facilities by
virtue of this agreement shall be authorized to use the school
parking lot on a space-available basis. However, if such members
of the public are using the facility during school hours or other
times of school activities, the right to use such parking lot by
those attending the school activities shall prevail.
12. It is contemplated that these facilities will be used
under this agreement for meeting purposes during reasonable hours
in the evening. Premises shall not be used under this agreement
during late hours at night or for other purposes without special
permission from the school principal.
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13 . City will be responsible for maintaining and replacing the
community room furnishings and equipment as the need arises.
14 . Once each year, on or after the anniversary date of this
lease, District shall bill City for all charges due to District
from City which have accrued during the year, which will be due
and payable on receipt of the bill.
IN WITNESS WHEREOF, the parties have caused this agreement to
be executed as of the day and year first set out above.
CITY OF WICHITA FALLS
By:
City Manager
WICHITA FALLS INDEPENDENT
SCHOOL DISTRICT
By:
Superintendent of Schools
STATE OF TEXAS X
COUNTY OF WICHITA X
BEFORE ME, the undersigned, a Notary Public for the State of Texas,F g Y
on this day personally appeared James Berzina, City Manager for the
City of Wichita Falls , a municipal corporation, known to me to be the
person and officer whose name is subscribed to the foregoing instrument
and acknowledged to me that the same was the act of the said City of
Wichita Falls, a municipal corporation, and said instrument was
executed as the act of the said City of Wichita Falls , a municipal
corporation, for the purposes and consideration therein expressed and in
the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
1984 .
Notary Public for the State of Texas
STATE OF TEXAS X
COUNTY OF WICHITA X
BEFORE ME, the undersigned, a Notary Public for the State of Texas,
on this day personally appeared Lee R. Williamson, Superintendent of
Schools for the Wichita Falls Independent School District, known to me
to be the person and officer whose name is subscribed to the foregoing
instrument and acknowledged to me that the same was the act of the said
Wichita Falls Independent School District, and said instrument was
executed as the act of the said Wichita Falls Independent School
District, for the purposes and consideration therein expressed and in
the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
1984 .
Notary Public for the State of Texas
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