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Res 2751 4/7/1981f RESOLUTION NO. ,,/ 7 RESOLUTION APPROVING LEASE FROM WICHITA FALLS INDEPENDENT SCHOOL DISTRICT OF 0. 7 ACRE TRACT OF LAND ON ARMORY ROAD FOR SOUTHSIDE COMMUNITY 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, from the Wichita Falls Independent School District to the City of Wichita Falls , covering a 0. 7 acre tract on Armory Road to be used for the Southside 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 7th day of April, 1981. A Y 0 R ATTEST: City Clerk cam ,075/ 7- 8/ THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS COUNTY OF WICHITA LEASE AGREEMENT This lease made and entered into this day of February, 1981, by and between Wichita Falls Independent School District, acting by and through the President of the Board of Trustees, thereunto duly authorized, herein- after called LESSOR, and the City of Wichita Falls, a Texas municipal corporation, acting by and through its City Manager, thereunto duly authorized, hereinafter called LESSEE, W I T N E S S E T H: The Lessor does hereby lease, let and demise unto Lessee the following described premises , 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 recor- ded in Volume 720, Page 179, of the Wichita County Deed Records, said tract also being out of Block Eight (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 of land, more or less, to be used by the Lessee for the purpose of building thereon a building and thereafter using and occupying such tract and building as a center for administering governmental and other bona fide programs for the relief, betterment, advance- ment, and improvement of the community poor, and for no other purposes , to be held by the Lessee for the unexpired term of the base lease on said premises which is leased by Wichita Falls Independent School District from Wichita County, which term expires June 10, 2056 . In consideration of TEN AND NO/100 DOLLARS ($10. 00) cash in hand paid, the full receipt of which is hereby acknowledged, and in further consideration of the use of the premises for the charitable purposes herein expressed by Lessee: IT IS HEREBY MUTUALLY COVENANTED AND AGREED BETWEEN THE LESSOR AND LESSEE, AS FOLLOWS : First: The Lessor grants permission to the Lessee to build and operate a building on the above described tract of land and further agrees to allow occupancy of the premises by Lessee for so long as such premises are operated in accor- dance with the purposes of this lease, to-wit: As a center for administering governmental and other bona fide programs for the relief, betterment, advancement, and improvement of the community poor, and for no other purposes , to be held by the Lessee, but if the Lessee ever ceases to use or occupy the premises for such purpose, this property shall revert to the Wichita Falls Independent School District. Second: Lessee agrees that in the operation and conduct of occupancy of such premises the Lessee shall comply with all laws , ordinances and lawful orders and regulations affecting the premises herein leased. Third: The parties hereto mutually agree that consent to the sublease of the above described portion of the Bonham School grounds will be obtained from the orig- inal Lessor, Wichita County, and that such consent will be evidenced by a resolution of the Commissioner' s Court of Wichita County which shall be spread upon the records of the Commissioner' s Court. Fourth: This sublease shall likewise not be assignable without the express prior written approval of the Board of Trustees of the Wichita Falls Independent School District. 2- TO HAVE AND TO HOLD the above described premises unto the Lessee, its successors and assigns according to the terms of this Lease Agreement, for and during the full term of such Lease. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the day and year first above written. THE CITY OF WICHITA FALLS, WICHITA FALLS INDEPENDENT A Texas Municipal Corporation SCHOOL DISTRICT By: By: City Manager President, Board of Trustees LESSEE LESSOR Consent is hereby granted to Wichita Falls Inde- pendent School District to assign in part the base lease covering the tract of land hereinabove described, as evidenced by Order of the Commissioner' s Court entered on the day of February, 1981. County Judge 3- THE STATE OF TEXAS ) COUNTY OF WICHITA BEFORE ME, the undersigned, a Notary Public , in and for said county and state, personally appeared known to me to be the City Manager of the City of Wichita Falls, a Texas municipal corporation, who acknowledged to me that he executed the foregoing instrument as the act of such corporation, and he executed the fore- going instrument for the purposes and considerations therein expressed. SUBSCRIBED AND SWORN TO BEFORE ME, a Notary Public in and for Wichita County, Texas, this day of February, 1981. Notary Public in and for Wichita County, Texas . My Commission Expires THE STATE OF TEXAS ) COUNTY OF WICHITA BEFORE ME, the undersigned, a Notary Public, in and for said county and state, personally appeared DONALD H. WILLS, known to me to be President of the Board of Trustees of the Wichita Falls Independent School District, who acknowledged to me that he executed the foregoing instrument for the purposes and considerations therein expressed. SUBSCRIBED AND SWORN TO BEFORE ME, a Notary Public in and for Wichita County, Texas, this day of February, 1981. Notary Public in and for Wichita County, Texas. My Commission Expires 4-