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Res 117-84 6/19/19841 RESOLUTION NO. 117-84 RESOLUTION APPROVING FIRST AMENDMENT TO THE LEASE AGREEMENT WITH SOUTHSIDE GIRLS CLUB. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: That certain First Amendment to Lease Agreement, a copy of which is attached hereto, between the City of Wichita Falls and Southside Girls Club, is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. PASSED AND APPROVED this the 19th day of June, 1984 . A Y O R ATTEST: ATh- e__&yyz_a_ :. C71461-11-4,-/ Citj lerk THE STATE OF TEXAS X COUNTY OF WICHITA X FIRST AMENDMENT TO LEASE AGREEMENT WITH SOUTHSIDE GIRLS CLUB This First Amendment to Lease made and entered into by and between the City of Wichita Falls, Texas, hereinafter called "Lessor" , and Southside Girls Club of Wichita Falls, Texas, hereinafter called Lessee" , WITNESSETH: WHEREAS, heretofore on June 24 , 1963 , Lessor and Lessee entered into a lease on certain land in Southern Hills Park in the City of Wichita Falls on which to build a building and other improvements to be used in connection therewith; and, WHEREAS, Lessee desires to construct a new 7, 000 square foot metal building housing a gymnasium, stage and restroom facilities in such park in close proximity to Lessee' s existing building. NOW, THEREFORE, the parties hereto do hereby agree as follows: Such lease agreement is hereby amended by adding to it the following paragraphs: Lessor grants to Lessee the further right to build a 7, 000 square foot metal building, 70 feet by 100 feet, as shown on the plans dated March/April, 1984, by Robert B . Pardue, Architect, entitled A Gymnasium for Southside Girls Club" , which building shall be located as shown on such plans, and Lessor does hereby lease to Lessee so much of the land in said park as is covered by such building . It is agreed by the parties hereto that the Recreation Division of Lessor ' s Parks and Recreation Department will be allowed to use the new gymnasium building when it is not in use by Lessee 's programs . The Recreation Division will use the facility primarily for adults and senior citizens for various athletic leagues, exercise programs and arts and crafts classes . The Recreation Division will schedule I t the times when it plans to use such facility well in advance, with Lessee' s Executive Director. The Recreation Division will provide staffing and cleanup of the facility after it uses such facility. It is agreed that, if damages are caused to the buildingt, i any g g or other property of Lessee by Lessor' s employees, agents or anyone participating in Lessor' s use of the property, Lessor shall pay for repairing such damages. It is agreed that Lessor shall pay to Lessee its fair share of the utilities consumed by Lessor ' s use of this building. The amount of such payment shall be agreed to by Lessor and Lessee, based on the time that Lessor uses such building . It is agreed that Lessor shall make no alterations to the building. Lessee will have various pieces of equipment in this building, and it is understood that Lessor will not use any of such equipment, unless expressly authorized in writing by Lessee' s Executive Director. Lessor will hold Lessee harmless from all damages suffered by any person participating in Lessor' s use of the building, except for any damages caused by premises defects. " IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed this the day of June, 1984 . CITY OF WICHITA FALLS , TEXAS By: James P. Berzina, City Manager ATTEST: City Clerk SOUTHSIDE GIRLS CLUB OF WICHITA FALLS , TEXAS By: President ATTEST: Secretary I 6/1/84 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 James P. 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 corpora- tion, 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 June, 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 President of the Southside Girls Club of Wichita Falls, Texas, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of June, 1984 . Notary Public for the State of Texas 3-