Res 206-83 10/18/1983RESOLUTION NO. (46-13
RESOLUTION APPROVING AND AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AMENDED LEASE AGREEMENT
WITH THE SOUTHSIDE GIRLS CLUB .
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS ,
TEXAS, THAT:
That certain amended lease agreement with the Southside Girls
Club of Wichita Falls, a copy of which is attached hereto, is hereby
approved, and the City Manager is authorized to sign the same.
PASSED AND APPROVED this the 18th day of October, 1983 .
Y • R
ATTEST:
City Clerk
rs
THE STATE OF TEXAS X
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF WICHITA X
This lease is made and entered into this day of
1983, by and between the City of Wichita Falls,
Texas, acting by and through its City Manager, James Berzina, duly
authorized by the City Council, hereinafter called "Lessor" , and
Southside Girls Club of Wichita Falls, Texas, hereinafter called
Lessee" .
WHEREAS, on or about the first day of June, 1963, for good and
valuable consideration, Lessor and Lessee entered into a binding
twenty-five (25) year lease agreement with a twenty-five (25) year
renewal option, whereby Lessor granted to Lessee the right to build
a building and other improvements to be used in connection therewith
in Southern Hills Park in the City of Wichita Falls, Texas, and
Lessor thereby leased to Lessee so much of the land in said park
as is covered by said buildings and improvements; and,
WHEREAS, Lessee desires to build a gymnasium adjacent to the
land heretofore leased and it is the desire of Lessor to grant the
expansion and to execute this lease in accordance therewith.
NOW, THEREFORE , this agreement of lease is made and entered
into this day of A.D . , 1983, which
execution shall reflect the total agreement of the parties and
render all prior lease agreements null and void.
WITNESSETH:
For and in consideration of the sum of One Dollar and No Cents
1 . 00) per year, each annual rental being payable in advance during
the life of this lease, Lessor grants to Lessee the right to maintain
a building and other improvements to be used in connection therewith
in Southern Hills Park in the City of Wichita Falls and to build a
gymnasium connected by a walkway adjacent to the existing structure,
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and Lessor does hereby lease to Lessee so much of the land in said
park as is covered by the building, the walkway, the gymnasium and
related improvements , upon the following terms, conditions and
covenants:
This lease shall be for a term beginning with the date of the
execution of this contract and ending on June 1, 1988; at the end
of such term, Lessee shall have the right to renew said lease for an
additional term of twenty-five (25) years .
This property shall be used by Lessee as a girls club. In the
event the Lessee does not use said property as a girls club, or should
discontinue operations under its present name, the Lessor shall have
the option of terminating this lease.
Lessee agrees to keep said property clean and free of all
trash, garbage and other offensive objects.
Lessor shall never be liable for any claims for damages to
persons or property which may occur on the leased premises during the
term of the lease .
Lessee agrees to make available to park visitors the restroom
facilities in the main building.
Lessee agrees to make the gymnasium, if and when constructed,
available to the Lessor on a reservation basis for City-sponsored
recreational activities . Lessor agrees to make all reservations no
less than ten (10) days prior to the date it wishes to use the facility.
No reservations will be made which conflict with Lessee ' s regularly
scheduled activities .
Any word, group of words, phrase, sentence, paragraph or
provision herein prohibited by law, or decision of a court of final
jurisdiction shall be ineffective to the extent of such prohibition
without invalidating the remaining provisions hereof .
It is distinctly understood and agreed by and between the Lessor
and Lessee that any holding over by Lessee of the herein demised
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premises after the expiration of this lease shall operate and be
construed only as a tenancy from month-to-month, terminable at the
will of the Lessor, at a monthly rate of One Dollar and No Cents
1 . 00) .
IN TESTIMONY WHEREOF, the parties to this Agreement have
hereunto set their hands, the date and year above written.
CITY OF WICHITA FALLS, TEXAS
By:
James Berzina
City Manager
ATTEST:
City Clerk
SOUTHSIDE GIRLS CLUB OF WICHITA
FALLS , TEXAS
By:
President
ATTEST:
Secretary
STATE OF TEXAS X
COUNTY OF WICHITA X
BEFORE ME, the undersigned authority, a Notary Public in and for
Wichita County, Texas, on this day personally appeared James Berzina,
City Manager of the City of Wichita Falls, Texas, 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 that he
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executed the same as the act of said municipal corporation for the
purposes and consideration therein expressed, and in the capacity
therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day
of 1983 .
Notary Public, in and for
Wichita County, Texas .
My Commission Expires:
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