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Res 111-82 7/6/1982RESOLUTION NO. ///_,a) RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO SIGN A LEASE AGREEMENT WITH THE SOUTH- SIDE NEIGHBORHOOD ACTION GROUP FOR USE OF A NEIGHBORHOOD CENTER. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS , TEXAS , THAT: That certain lease agreement, a copy of which is attached hereto, between the City of Wichita Falls and the Southside Neighborhood Action Group, a non- profit corporation, whereby the City leases to such corporation property for the Southside Neighborhood 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 6th day of July, 1982. A Y O R ATTEST: City Clerk Page 2_ of 6 _Pages Agenda Item No. 12.b. r THE STATE OF TEXAS COUNTY OF WICHITA LEASE AGREEMENT This lease made and entered into as of the day of by and between the City of Wichita Falls , Texas, hereinafter called Lessor, and Southside Neighborhood Action Group, Inc. , a non-profit corporation, and a neighborhood action group, hereinafter called Lessee. WITNESSETH: For and in consideration of the mutual covenants herein contained, the parties hereto do hereby agree as follows: 1 . Lessor hereby leases to Lessee the following described property situated in Wichita Falls , Wichita County, Texas to wit: A tract of land out of a 9.8 acre tract leased from Wichita County to the Wichita Falls Independent School District as recorded in Volume 720, page 179 of the Wichita County Deed Records, said tract also being out of Block 8, Cherokee County School Lands, Wichita County, Texas and being more specifically described by metes and bounds as follows: Beginning at the Northwest corner of said 9.8 acre tract, said point also being the intersection of the South line of Thirtieth Street and the West line of Scott-Armory Road; Thence South, 1089.2 feet to an iron rod for the Southwest corner of said 9.8 acre tract; Thence East, 392 feet to a fence corner for the Southeast corner of said 9.8 acre tract and place of beginning of this description; Thence North, 105 feet to an iron rod; Thence West, 102 feet to an iron rod; Thence South, 105 feet to an iron rod; Thence East, 102 feet to the place of beginning and containing 0.7 acres more or less. 2. The term of this lease shall be for a period of ten (10) years commencing on and ending on At the conclusion of the original term of this lease, Lessee may request an extension of this lease, for not more than four (4) additional periods of five (5) years, ending on If Lessee desires an extension, it shall notify the Lessor in writing no less than sixty (60) days prior to the ending date of the original term or any extension therof. In the event Lessee chooses not to request an extension by the specified time above, this lease and any further requests for extensions Page 3 of 6 Pages Agende Item No. 12.b. PP 2- shall terminate. Lessor shall have the right to approve, reject, or modify any requested extensions . Lessee agrees that the decision of Lessor con- cerning an extension shall be final , conclusive, and binding upon Lessee. 3. Lessee shall pay to Lessor a rental of ten dollars ($10.00) payable in advance at the execution date of this Lease Agreement, with an additional five dollars ($5.00) due for each five year extension of this agreement. 4. Lessee shall operate the Southside Neighborhood Center and lease other space as appropriate. All interior renovation shall be the responsi- bility of the Lessee and must be approved by the Lessor prior to commence- ment. 5. Lessee shall provide all furnishings, furniture and office equipment including all consumable and disposable items) which are necessary for the effective and efficient operation of the office. Lessee shall be responsible for the replacement of such items. 6. The property and structure(s) owned by the Lessor, shall be used by the Lessee primarily for purposes and activities involving services for the Southside Neighborhood Action Group, Inc. as are normally provided. 7. This Lease Agreement shall remain in full force and effect according to the term of the Lease in Section 2 and cancellation provision as included in Section 13, except that, if the Lessee becomes inactive this lease may be cancelled by thirty (30) days written notice to Lessee from Lessor. 8. Lessee shall be fully responsible for all maintenance and repairs of the structure(s) , equipment and grounds. The Lessee shall be responsible for the maintenance and repairs of any structural defects and roofs . Approved funding for these repairs may be obtained from neighborhood, city, volunteer, grant or other sources.) Before the Lessee makes any major improvements to the structure(s) or grounds, it shall review such with the Lessor's City Manager and obtain his approval of such. Maintenance shall be accomplished continuously in a good, reasonable and workman-like manner so that the premises are maintained in as close to original condition as possible, less normal wear and tear. Page 4 0f6 Pages Agenda ItemNo.12.b. r 3- 9. Lessee shall pay all utilities and janitorial services for the building(s) and grounds herein leased effective on the date of this agreement. These terms may be subject to negotiation by contract with the City of Wichita Falls and/or its departments or any other tenants utilizing the Southside Neighborhood Center. 10. Lessee shall carry sufficient fire and extended coverage insurance on the structure(s) to protect the interest of the Lessor and the Lessor shall be made named insured on such policy. The Lessor's City Manager shall approve such insurance policy and an insurance certificate shall be on file with the Lessor at all times . Upon the effective date of this lease, the Lessee shall provide insurance coverage for 80% of the replacement value of the structure, and shall provide proof of the above specified insurance in the initial coverage amount of $78,400. Insurance coverage shall be adjusted annually to be not less than 80% of the replacement value of the structure, said amounts of change shall be previously approved by the City Manager. 11 . Lessee shall hold the Lessor harmless for any personal injury which may occur on the property or within structure(s) . Public liability insurance, in the amount of $100,000 per person, $300,000 per accident and $50,000 for property damage (all limits per incident) , shall be in force at all times during the term of this lease and an insurance certificate for such on file with the Lessor at all times. These requirements may be amended from time to time by the Lessor's City Manager. The Lessor shall be identified as an additional named insured" and an insurance certificate for such shall be on file with the Lessor at all times . 12 . Lessee shall not rent or sub-lease these premises to a third party with- out the prior approval of Lessor. The Lessor shall review all sub-leases, excluding short-term rentals, and shall approve such leases prior to occupation by a third party. 13. In the event Lessee breaks any of the covenants of this lease, Lessor Page 5 of 6 Pages Agenda Item No. 12.b. 4- shall notify Lessee in writing of such defects . Lessor shall have 30 days to correct such defects . If the defects are not corrected within 30 days, this lease shall be terminated within 15 days after the initial defect correction period. Upon termination of this lease, all property owned by the Lessor shall be returned to the Lessor in as close to its original condition as possible less normal wear and tear. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as of the date written above. CITY OF WICHITA FALLS, TEXAS BY: ATTEST: CITY CLERK SOUTHSIDE NEIGHBORHOOD ACTION GROUP, INCORPORATED BY: ATTEST: SECRETARY Page 6 of 6 Pages Agenda Item No.12.b.