Res 1154 2/16/1971RESOLUTION NO. 7/S711
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS, TEXAS, THAT:
That certain agreement between the City of Wichita Falls
and the Wichita Falls Independent School District, providing for the
use by the City as a park area a certain tract of land comprising
approximately three (3) acres adjoining Kate Haynes Elementary
School, is hereby approved, and the City Manager is authorized to
execute such agreement, a copy of which is hereto attached, for the
City of Wichita Falls.
PASSED AND APPROVED THIS the 16th day of February, 1971.
M A Y O R
ATTEST:
r«_
City Clerk
AGREEMENT PERMITTING LAND USE
North Side Lions Club Park Project
Kate Haynes Elementary School Property
STATE OF TEXAS •
COUNTY OF WICHITA :
WHEREAS, the WICHITA FALLS INDEPENDENT SCHOOL DISTRICT is the owner
of a 9. 13 acre. tract of land located at Katherine Drive and JoAnn Drive in
Wichita Falls, Texas, on which the Kate Haynes Elementary School is located;
and
WHEREAS, the Wichita Falls Independent School District (sometimes
hereinafter referred to as "School District") is not presently using the north-
east 3 acres of said tract at the intersection of Katherine and JoAnn Drive as
shown ooh he attached plat in the area marked "Park Area" and sometimes referred
to as "Park Area" in this agreement; and
WHEREAS, the CITY OF WICHITA FALLS, TEXAS (referred, to herein as
City") has requested permission from School District to use said 3 acre tract
for a public park and playground area to be developed in cooperation with the
North Side Lions Club and maintained by the City; and
WHEREAS, School District desires to allow and permit the use of said
Park Area by City under the terms and conditions hereinafter set out.
KNOW ALL MEN BY THESE PRESENTS:
1) PERMIT FOR USE: School District hereby gives, grants, leases
and permits the City to use Park Area shown on Exhibit "A" attached hereto as
a public park and playground area, and not otherwise, upon the following con-
ditions and considerations with the mutual understanding and agreement that
City shall not pay or be required to pay any money rental to School District.
2) MAINTENANCE AGREEMENT: So long as City uses Park Area, it
agrees to fully maintain Park Area, watering, mowing, supervising and paying
all expenses in connection therewith. During said time, City agrees to keep
said Park Area clear of litter and to supervise said area in such a manner so
that there will be no greater likelihood of vandalism to adjoining School Dis-
trict property or noise which would interfere with the operation of said adjoin-
ing school property.
3) USE BY SCHOOL: It is understood and agreed that school children
and personnel shall have the use of said Park Area during recesses and related
school functions.
4) LIABILITY: School District shall not be liable to City, City's
employees, patrons or visitors for any damage to person or property caused by
any act, omission or neglect of City or City's employees, patrons or visitors,
or any other person on or using said Park Area, and City agrees to indemnity
and hold School District harmless from all claims for any such damage.
5) TERMINATION: It is understood and agreed that School District
may terminate City's use of Park Area by giving City notice in writing thirty
days prior to the term of termination. City shall have the right to remove any
playground equipment from said Park Area, but any permanent improvements, such
as bridges or walks shall become and be the property of School District without
cost or assessment to School District.
WITNESS OUR HANDS this day of February, 1971.
WICHITA FALLS INDEPENDENT SCHOOL DISTRICT
BY:
CITY OF WICHITA FALLS
BY:
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