Res 2442 12/18/1979RESOLUTION NO.
RESOLUTION APPROVING LEASE OF LAND IN WEEKS PARK
TO YMCA OF WICHITA FALLS.
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, wherein the City leases to the YMCA of Wichita Falls
a certain tract of land in Weeks Park is hereby approved, and
the City Manager is authorized to execute the same for the
City of Wichita Falls.
PASSED AND APPROVED this the 18th day of December, 1979.
MAYOR
ATTEST:
City lerk
THE STATE OF TEXAS
COUNTY OF WICHITA
This lease made and entered into this the 18th day of
December, 1979, by and between the City of Wichita Falls,
Texas, hereinafter called "City" , and the YMCA of Wichita Falls,
hereinafter called "YMCA" ,
WITNESSETH:
For and in consideration of the covenants and agreements
hereinafter contained, City hereby leases to YMCA that certain
tract of land in Weeks Park in the City of Wichita Falls, which
tract is described in Exhibit A, which is attached hereto and
incorporated herein by reference.
1. YMCA shall use this property for ingress and egress
between Southwest Parkway and a tract of approximately ten
acres owned by Midwestern State University and leased by YMCA
on which they plan to construct a Family Branch YMCA; in addition,
YMCA may use the leased premises for overflow parking.
2. The term of this lease shall be for a period of 50
years, commencing January 1, 1980. At the expiration of said
50 year lease, such lease shall be automatically renewed for
1 year periods for so long as YMCA maintains and uses its
Family Branch YMCA on the adjoining Midwestern State University
land.
3. In the event YMCA fails, for any reason, to construct
the Family Branch YMCA facility on the Midwestern State
University land, then this lease shall terminate. In the event
such Family Branch YMCA facility is constructed on the adjoin-
ing Midwestern State University land, but it abandons the use
of such facility within the 50 year term of this lease, such
lease shall terminate upon such abandonment.
4. YMCA shall pay to City as rental for this lease the
sum of $1. 00 per year, which shall be payable annually in ad-
vance.
5. The parking lot to be constructed on the leased premises
shall be located between the access roadway on the leased
z a
premises and the Kid Fishing Hole.
6. YMCA shall maintain the leased premises in an attractive
condition, and shall keep such premises clean and free from
all trash and other offensive objects.
7. City shall never be liable for any claim for damages
to persons or property which may occur on the leased premises
during the term of this lease, and YMCA shall hold the City
harmless from any such claims for damages.
ff. YMCA shall not assign nor sublease the leased premises
without the prior written consent of City.
9 . In the event of the breach of any of the covenants
herein by YMCA, which breach is not cured by YMCA within 60
days after notification in writing of such breach by City,
City shall have the right to terminate the lease.
IN WITNESS WHEREOF, City and YMCA have caused these
presents to be executed the day and year above set out.
CITY OF WICHITA FALLS
BY:
Gerald G. Fox,
City Manager
ATTEST:
City Clerk
YMCA OF WICHITA FALLS
BY:
John W. Bartley,
President
ATTEST:
Secretary
r
EXHIBIT A
A tract of land out of the John A. Scott Survey No. 8,
Abst. 294 Wichita County Texas, and is described by metes and
bounds as follows:
Beginning at the most southerly southeast corner of Weeks
Park, a point in the south boundary line of the John A. Scott
survey No. 8, Abst. 294, the southwest corner of said John A.
Scott survey No. 8 bears N 89° 24 ' W 934. 0 feet;
Thence N 89° 24 ' W along the south line of Weeks Park
150 feet to a point for the southwest corner of this tract;
Thence North approximately 415 feet to a point in the
south right-of-way line of Southwest Parkway;
Thence S 80° 59' E along the south right-of-way line of
Southwest Parkway 151. 6 feet to a point in the east line of
Weeks Park;
Thence south along the east line of Weeks approximately
392 feet to the place of beginning and containing 1. 3881 acres
of land, more or less.