Res 024-2003 3/4/2003RESOLUTION NO.
RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A
LEASE AGREEMENT WITH THE BOYS & GIRLS CLUB OF WICHITA
FALLS FOR ONE ACRE OF LAND IN ROTARY PARK; FINDING AND
DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION
WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW.
WHEREAS, the Boys & Girls Club of Wilchita Falls has been given permission to
construct a building in Rotary Park for the purpose of providing recreational activities for
youth; and
WHEREAS, the present building has been on the site for many years; and
WHEREAS, it is the desire of the City to execute a formal lease agreement with
the Boys & Girls Club of Wichita Falls.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
SECTION 1 . The City Manager is hereby authorized to execute a lease
agreement as attached with the Boys & Girls Club of Wichita Falls for one acre of land
in the southwest corner of Rotary Park for the purpose of providing youth recreational
activities.
SECTIO It is hereby officially found and determined that the meeting at which
this resolution was passed was open to the public as required by law.
PASSED AND APPROVED this the 4th day of March, 2003.
MAYOR
ATTEST:
City Clerk
ROTARY PARK LEASE
STATE OF TEXAS §
COUNTY OF WICHITA §
This Lease Agreement, made and entered into on the day of
� N , 2003, by and between the City of Wichita Falls, Texas, a
municipal corporation, acting through its City Manager, hereinafter called "Lessor," and
the Boys Clubs of Wichita Falls, Inc., (d /b /a The Boys and Girls Clubs of Wichita Falls)
hereinafter called "Lessee,"
WITNESSETHI:
City does hereby lease to Lessee the following described real property located in
Wichita County, to -wit:
A tract of land in Wichita Falls, Wichita County, Texas, out of Blocks 14
and 23, Denton County School Land, League 1, being part of that tract
conveyed to the City of Wichita Falls in Volume 587, Page 353, Wichita
County Deed Records, and being more specifically described by metes
and bounds as follows:
BEGINNING at a ' /2 inch iron rod for the Southwest corner of this
description at the intersection of the North right -of -way line of Pool Street
and the East right -of -way line of Hughes Drive;
THENCE along the East right -of -way line of Hughes Drive, North 00° 01'
58" East 333.13 feet to a PK nail in the concrete sidewalk for the
Northwest corner of this description;
THENCE leaving said East right -of -way line, South 89 58' 02" East
162.50 feet to a ' /2 inch iron rod for the Northeast corner of this
description;
THENCE South 00° 01' 58" West 177.35 feet to a ' /2 inch iron rod for the
most easterly Southeast corner of this description,
THENCE North 89° 58' 02" West 62.50 feet to a ' /2 inch iron rod for an
interior corner of this description,
THENCE South 00 01' 58" West 155.74 feet to a 1/2 inch iron rod in the
North right -of -way line of Pool Street for the most southerly Southeast
corner of this description;
8. CONSTRUCTION On the date of this lease the Lessor shall have the
Building Inspection Department and such other departments as are appropriate, inspect
the property to determine if such buildings, structures, and facilities meet the minimum
standards set by the City of Wichita Falls. If such inspection reveals failure to meet
such minimum standards, then a report shall be given to Lessee of the needed repairs
to meet such standards. Lessee shall have one year after receipt of such inspection
report to bring the premises up to the minimum standards set forth in the inspection
report, provided that for good cause the City Council or its designated representative
may extend such time period an additional six (6) months. Lessee shall pay the
appropriate City fees for all permits and inspections save and except the initial
inspection provided for above. Failure to comply with these requirements shall be
cause for termination of this lease.
9. MAINTENANCE. Lessee shall keep the premises clean of trash, rubbish,
garbage, and waste matter of all kinds and will provide such facilities for the disposal of
this matter as Lessor shall require. Lessee acknowledges that Lessor shall have no
obligation to furnish any solid waste collection or disposal system. Lessee shall use
Lessor's landfill as the exclusive disposal site for the disposal of all solid waste from the
leased premises. Lessee shall keep the weeds on the premises mowed to a height not
exceeding nine (9) inches, and shall not be allowed to maintain on the premises any
dangerous or dilapidated buildings, structures, or facilities as determined by Lessor in
applying the applicable City of Wichita Falls and State rules and regulations.
10. ASSIGNMENT. Lessee agrees that it will not assign this lease without
first having obtained the written permission of the City Manager.
11. TAXES. Lessee agrees to pay and discharge all taxes and assessments
which now or hereafter may be taxed, assessed, levied, or imposed upon the premises
or any improvements placed thereon.
12. INSURANCE. Lessee shall provide general liability insurance in the
aggregate amount of Three Hundred Thousand and No /100 ($300,000) Dollars, with
One Hundred Fifty Thousand and No/100($150,000.00) Dollars per each personal
individual injury, and a minimum of Fifty Thousand and No /100 ($50,000.00) Dollars per
each personal property damage occurrence on the leased premises for the operation of
the lease.
13. OWNERSHIP It is understood the Lessee owns the above ground
structures.
14. BREACH OF CONVENANTS If Lessee breaches any expressed or
implied covenant of this lease, the Lessor shall have the right to terminate this lease,
giving the appropriate notices to Lessee as provided for herein. After the appropriate
notices as provided for herein and the time periods have expired for late payment, lease
reinstatement, or the time to cure breaches set forth by Lessor, then Lessor shall
proceed to dispose of Lessee's interest in the premises in the following manner:
Lessee shall have sixty (60) days from the date of termination of the lease by Lessor in
which to dispose of Lessee's leasehold rights. Or the Lessee may, at Lessee's election
upon receipt of notice of termination, within sixty (60) days of the date of said notice,
remove all improvements placed on the premises by Lessee, but in removing such
improvements the Lessee will not damage to any extent any of the property belonging
to Lessor or any other person, and Lessee shall restore the premises to the condition
that existed before such improvements were constructed. If the Lessee has not
removed Lessee's improvements as provided for above within the time period provided,
then Lessor shall have the right to enter upon the premises and take possession thereof
or at Lessor's option, sell to the highest bidder at either public or private sale, all of
Lessee's interest in this lease and the improvements placed thereon. The receipts from
the sale shall be applied first to the expense of holding the sale; second to any Deed of
Trust or Mechanic's Lien outstanding against any buildings or improvements placed on
the improvements; third to any indebtedness owed by Lessee to Lessor; and the
remainder, if any, shall be paid to Lessee and shall be received by Lessee as full
payment of all rights, title and interest of Lessee in and to the leased premises and
improvements thereon. Provided, however, that the time periods provided for above
shall not prevent Lessor's right to immediate action to abate any nuisance on the
premises.
15. EXPIRATION. If Lessee does not execute a new lease upon the
expiration of this lease, Lessee may be required to remove any and all improvements
placed on said premises by Lessee, within (60) days after such expiration as previously
outlined in Section 14, Breach of Covenants. If Lessor requires removal of leasehold
improvements located on the property upon termination or relinquishment of the lease,
they must be removed by the Lessee at Lessee's expense within sixty (60) days on
notice to do so, and the property must be restored by Lessee to the condition that
existed before the improvements were constructed. In the event that Lessee fails to
remove said improvements or structures, they may be removed by Lessor with all costs
assessed to the Lessee, including an administrative fee of Five Hundred ($500.00)
Dollars, or they may be disposed of as previously outlined in Section 14, Breach of
Covenants.
16. LIABILITY FOR TERMINATION. In no event shall Lessor, its agents,
servants, or employees be liable for and damages, breach of contract, or any action in
the nature of trespass of any kind or character for terminating this lease as provided for
herein.
17. INDEMNITY. Lessee represents and agrees that Lessee has thoroughly
inspected the premises covered by this lease prior to execution of the Lease
Agreement, and has found no hazardous conditions which may cause injury to persons
or damage to the property, and Lessee accepts the premises in such conditions.
Lessor makes no warranties, expressed or implied, concerning the condition of the
premises. Lessee also agrees that Lessor shall not be liable in any manner for bodily
injury or death to any person or damage to any property (including the person and
property of Lessee) caused in whole or in part by any latent or patent condition or defect
on the leased premises or as a result of flooding or high water or as a result of any act
or omission of Lessee or Lessee's guests or licensees, and Lessee specifically agrees
to indemnify and hold Lessor harmless from any such claims, demands, or suits for
injuries or death to persons or damage to property, regardless of whether such injury,
death, or damage was caused or contributed to in part by some act or omission by the
Lessor, its officers, agents, or employees.
18. RIGHT -OF- ENTRY Lessor, its agents, employees, or representatives
may enter the leased premises at any reasonable time, on reasonable notice to Lessee
(except that no notice need be given in a case of emergency) for the purpose of
inspection to determine that the conditions or provisions of this lease are being fulfilled.
19. APPLICABLE LAW AND VENUE This agreement and all transactions
made hereunder shall be construed and governed according to the laws of the State of
Texas. Venue for any legal proceedings shall be in Wichita County, Texas.
20. ENTIRE AGREEMENT
agreement between the parties.
Attest:
This written contract constitutes the entire
l
City Izr<
Attest:
By
ecretary —�
Approved as to Form:
City Attorney
City
m
Ils, Texas
The Boys' Clubs of Wichita Falls, Inc.
(d /b /a The Boys and Girls Clubs of
Wichita Falls)
-" 47,�, - �� "
Executive Director
1318
Addr
City State Zip
5