Res 2348 6/5/1979RESOLUTION NO. 7(Vi
RESOLUTION APPROVING LEASE OF 0. 298 ACRE OF
LAND, JOINTLY OWNED WITH WICHITA COUNTY WATER
IMPROVEMENT DISTRICT NO. 2 , TO WICHITA WEST
VOLUNTEER FIRE DEPARTMENTIOR FIRE STATION SITE.
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
That certain lease, a copy of which is attached hereto,
between the City of Wichita Falls and Wichita County Water
Improvement District No. 2, as lessors, and Wichita West
Volunteer Fire Department, as lessee, covering 0. 298 acre
of land in Block 5, Denton County School Land Survey League
No. 2, A-57 , Wichita County, Texas, is hereby approved,
and the City Manager is authorized to execute the same for
the City of Wichita Falls.
PASSED AND APPROVED this the 5th day of June, 1979.
C f3.G-c-i i(6/1::d 2
MAYOR le,,,_
N- _!,,LI4--, 1-1z/e.-2' )
City lerk
13c
RECEIVED iN
CITY CLERK'S OFFICE
Date ..b .. ..::.....
THE STATE OF TEXAS
By r_
COUNTY OF WICHITA
This lease is made and executed on the 30 day of May, 1979 by
and between the Wichita County Water Improvement District , a corporation
organized and existing under the laws of the State of Texas, having its
principle office at 402 East Scott, City of Wichita Falls, County of Wichita,
State of Texas, and the City of Wichita Falls, Texas, a municipal corporation,
hereinafter referred to as Lessor and the Wichita West Volunteer Fire Depart-
ment, a corporative organization, having existing under the laws of the State of
Texas, having its principle office at
City of Wichita Falls, County of Wichita, and State of Texas, hereinafter
referred to as Lessee,
WITNESSETH:
I.
Lessor leases to Lessee and Lessee hires from Lessor, for. the
purpose of constructing a volunteer fire station and operating said station
and no other business, those certain premises with the appurtenances, situated
in the County of Wichita and State of Texas, and nnre particularly described
as: .298 acre tract of land out of Block 5, Denton County School Land
Survey, League No. 2, A-57, Wichita County, Texas, and being a portion of
that certain tract conveyed by Flora A. Kemp et al to Wichita County Water
Improvement District Nos. 1 and 2, and recorded in Vol. 338, Page 411, Deed
Records of Wichita County, Texas and described by metes and bounds as follows:
BEGINNING at a point in the East line of a 2.0 acre tract owned
by Wichita County Water Improvement District No. 1 and 2 N 24° 50' W 20.0
feet from its original Southeast corner, said point being in the present North
Right-of-way line of U.S. Highway No. 82-277, for the Southeast corner of
this tract;
THENCE S 65° 10' W, parallel with and 50.0 feet at right angles
from the center-line of said Highway, 100.0 feet to a point for the South-
west corner of this tract;
THENCE N 24° 50' W 130.0 feet to a point for the Northwest
corner of this tract;
THENCE N 65° 10' E 100.0 feet to a point in the East line of said
2.0 acre tract for the Northeast corner of this tract;
THENCE S 24° 50' E along the East line of said 2.0 acre tract
130.0 feet to the PLACE OF BEGINNING and containing 0.298 acres of land.
As used herein, the term "premises" refers to the real property above
described and to any improvements located thereon from time to time during
the term of this lease.
II,
The initial term of this lease shall be for 50 years commencing
on the 15th3ay of June, 1979 and ending on the 14thday of June
2029. As used herein, the expression "term hereof" refers to such initial
term and to any renewal thereof as herein provided.
SubjeSubjectct to the p ovis:Los i.,M ywaC.J 41 L CVl.4 b:e , he 4ll I A S IIS
for the -initial term shall be $50.Lo.ssee s a i pay to Lessor
without deduction or offset at such place or acea as ;Toy be uesi rated
from time to time by Lessor in annivil insta lme_nts of $1.Gd per year wii+n
the first such installment being due and payable upon the execution of this
lease and a like installment being due and payable on the sage day of each
year thereafter. As additional rental hereunder, Lessee shall pay and dis-
charge as they become due, promptly and before delinquency, all taxes, assessments,
rates, Charges, license fee, uunicipal lien: , levies, excise or imposts, whether
general or special, or ordinary or extraordinary, of every naije, nature and kind
whatsoever, .including all governmental cer ges of wr a=soever name, nature, or
kind, which may be levied against, charged, or imposed, or Mich may become a
lien or charge on or against the 1;.-.ad hereby devised, or any part thereof,
the leasehold of Lessee herein, the preaises described herein, any building
or other improvements now or hereafter thereon, or on or against Lessee's
estate hereby created which may be a subject of taxation, or on or against
Lessor by reason of its ownership of a fee underlying this lease, during the
entire term hereof.
IV.
Lessor does not warrant title to the land covered by this lease.
V.
Lessee shall not use or permit the demised premises, or any part
thereof, to be used for any purpose or purposes other than the purpose or
purposes for which the demised premLses are hereby leased.
VI.
During the term of this lease, Lessee shall cu,..ply with all
applicable laws affecting the demised premises, the Nreac b of Which might
result in any penalty on Lessor or forfeiture of Lessor's title to the
demised premises. Lessee shall not Commit, or suffer to be corimitteu, any
waste on the demised premises or any nuisance.
VII.
Lessee shall not vacate or abandon the .pre:r,ises use for a
volunteer fire department at any time during the term hereof; and, in the
event that the premises are so vacated or abandoned, this lease will
automatically terminate and Lessee will vacate or surrender the demised
pemises to Lessor.
VIII.
Lessee may, not encumber or wortgage by a Dees. of Trust or other:
proper instruments, any buildings and i proveir s placed by Lessee thereon
as security for any indebtedness.
IX.
Lessee may not sublet the premises, or any part thereof, in whole
or in part, without Lessor's consent in writing and Lessee shall not assign
or transfer this lease, or any interest herein, without the prior written
consent of the Lessor. Any such assigrurent without such consent shall
be void and shall, at the option of the Lessor, terminate this lease.
Neither this lease nor the leasehold estate of Lessee, or any interest
of Lessee hereunder in the demised premises and the land covered by such
lease, shall be subject to involuntary assignment, transfer, or sale or to
assignment, transfer, or sale by operation of law in any manner whatsoever;
and any such attempted involuntary assignment, transfer or sale shall be
void and of no affect and shall, at the option of the Lessor, terminate
the lease.
X.
Lessee is hereby granted the right to construct buildings and
improvements on said leased premises. On or before such construction is
begun, Lessee shall at Lessee's sole expense, prepare plans and specifications
for new buildings to be erected on the premises which shall provide for a
type of building suitable to a fire station. Such plans and specifications
shall be submitted to Lessor for Lessor's written approval or any revision
required by Lessor. Lessor shall not unreasonably withhold such approval.
XI.
Lessee shall have the right to make such alteration, improvements,
and changes to any building which may from time to time be on the premises
as Lessee may deem necessa~y, or to replace any such building with a new
one of at least equal value provided that prior to making any structural .
alterations, improvements, or changes, or to replacing any such building,
Lessee shall obtain Lessor's written approval of plans and specifications ,
thereof, which approval, Lessor shall not unreasonably withhold.
XII,
Any new buildings constructed by Lessee on the premises and
all alterations, improvements, changes, or additions made in or to such
premises shall become the property of the Lessor upon the termination
t
of this lease.
XIII.
Lessee shall pay the rent and all other sums required to be paid
by Lessee hereunder in the counts, at the time, and in the manner herein
provided and shall keep and perform all terms and conditions hereof on its
part to be kept and performed. At the expiration or sooner termination
of this lease, Lessee shall not have the right to remove any improvements placed
On said property by Lessee and shall peacefully and quietly quit and •surrender
to Lessor, the premises in as good order and condition as at the commencement
of this lease.
xlv.
In the event the entire demised premises shall be approporated
or taken under the power of Eminent Domain by any public quasi-public
authority, this lease shall terminate and expire as of the date of such
taking. In the event of the termination of this lease by reason of
a total or partial taking of the premises by Eminent Domain, then, in any
such condemnation proceeding, Lessor and Lessee shall be free to.make claim
against the condemning or taking authority for the amount of any damage done
to them respectively as a result thereof.
XV.
The covenance and conditions herein contained shall, subject to
the provision against assigr.n nt, transfer and subletting, apply to and
bind the heirs and successors of •all the parties hereto.
In witness hereof, the parties have executed this lease at Wichita
Falls, Texas on the day and year first above written.
Wichita West Volunteer Fire Dept. Wichita Water Improvement District
44/1'1/11144
7
BY: cjPresident BY: President
City f Wichita Fa , Ls, Texas
3Y: Official of the City of Wichita Falls, Texas
STATE OF TEXAS
COUNTY OF WICHITA §
BEFORE ME, the undersigned, a Notary Public in and for the County
and State, on this day personally appeared Gerald G. Fox
known to me to be the person whose name is subscribed to the foregoing
instrument, and acknowledged to me that he executed the same for the purpose
and consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 7th day of June
1979.
Martha L. Cecil
Notary Public, Wi chitjato unty, Texas
STATE OF TEXAS
COUNTY OF WICHITA §
BEFORE ME, the undersigned, a Notary Public in and for the County
and State, on this day personally appeared Doyle Davis
known to me to be the person whose name is subscribed to the foregoing
instrument, and acknowledged to me that he executed the same for the purpose
and consideration therein ey - 'ssed and in the capacity therein stated.
GIVES UNDER MY AND ..;AND AND SEAL OF OFFICE_ this 12th day of June ,
1979.
C4, tit, J`.a> cl._
Notary Pudic, Wichita'Couity s
wetAA
STATE OF TEXAS
COUNTY OF WICHITA §
BEFORE ME, the undersigned, a Notary Public in and for the County
and State, on this day personally appeared Tommy M. Willson
known to me to be the person whose name is subscribed to the foregoing
instrument, and acknowledged to me that he executed the same for the purpose
and consideration therein expressed and in the capacity therein state.
GIVEN' UNDER MY HAND AND SEAL OF OFFICE this 13thday of June
1979.
NotaryPublic, Wichita7CoUnty, Texas
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