Res 2906 11/17/1981t
RESOLUTION NO.
RESOLUTION APPROVING AND AUTHORIZING CITY
MANAGER TO SIGN A LEASE AGREEMENT WITH
LYNWOOD EAST NEIGHBORHOOD GROUP FOR NEIGHBOR-
HOOD 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 Lynwood East
Neighborhood Group, a non-profit corporation, whereby the
City leases to such corporation property for the Lynwood
East 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 17th day of November, 1981.
M A Y O RR
ATT ST:
City Clerk
THE STATE OF TEXAS
I
COUNTY OF WICHITA j
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 the Lynwood East Neighbor-
hood Group a non-profit corporation , 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 :
beginning at southernmost SE corner of Block 20
of Lynwood Subdivision; thence with south line
of block 20 N 89° 47 ' 12" E a distance of approx-
imately 300 feet to a point; thence northerly
approximately 102 feet to a point for a corner;
thence N 77° 13' 4" west approximately 175 feet
to the northwest corner of Lot 19 , Block 21 of
Lynwood; thence with the west and south lines
of Lot 19 , Block 21 to its intersection of the
west right of way at New Haven Road; thence
S 12° 46 ' 58" E along the west right of way line
of said New Haven Road to the place of beginning.
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 thereof. In the event
Lessee chooses not to request an extension by the specified time
above, this lease and any further requests for extensions shall
terminate . Lessor shall have the right to approve, reject, or
modify any requested extensions . Lessee agrees that the decision
of Lessor concerning an extension shall be final , conclusive,
and binding upon Lessee .
P
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3. Lessee shall pay to Lessor a rental of ten dollars SlO . {`i) )
payable in advance at the execution date of this Lease Agreement ,
with an additional five dollars (55 . 00) due for each five year
extension of this agreement .
4 . Lessee shall operate the Lynwood East Neighborhood Center and
lease other space as appropriate . All interior renovation shall
be the responsibility of the Lessee and must be approved by
the Lessor prior to commencement .
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 strucure (s) owned by the Lessor, shall be
used by the Lessee primarily for purposes and activities involving
services for the Lynwood East Neighborhood Group and the tenants
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.
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 he subject to negotiation by
contract with the City of Wichita Falls and/or its departments
or any other tenants utilizing the Lynwood East 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 , times a square foot-
age cost , and shall provide proof of the above specified insurance
in the initial coverage amount of $50 , 400 . The amounts of
insurance may be changed from time to time as 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 require-
ments 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 without 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
4 -
lease, Lessor shall notify Lessee in writin, of such defects .
Lessor shall have 50 days to correct such defects . If the defects
are not corrected within 30 days , this lease shall he 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
LYNWOOD EAST NEIGHBORHOOD GROUP
BY:
ATTEST:
SECRETARY