Res 005-2003 1/21/2003RESOLUTION NO. � J
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A
LEASE OF A PARCEL OF LAND LOCATED AT 4611 LAKE SHORE
DRIVE TO WILD BIRD RESCUE; FINDING AND DETERMINING THAT
THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS
OPEN TO THE PUBLIC AS REQUIRED BY LAW.
WHEREAS, the Wild Bird Rescue organization provides a public service by
receiving injured and /or abandoned birds and caring for them for eventual release into
the wild; and
WHEREAS, they wish to lease a parcel of land located at 4611 Lake Shore Drive
for their operations.
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 of land
located at 4611 Lake Shore Drive by Lake Wichita to Wild Bird Rescue. Said lease
agreement is attached hereto and incorporated herein for all purposes.
SECTION 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 21 st day of Janurary, 2003.
-
MAY
ATTEST
City Clerk
WILD BIRD RESCUE LEASE
STATE OF TEXAS §
COUNTY OF WICHITA §
This Lease Agreement, made and entered into this d 5 day of 1aI
2003. by and between the City of Wichita Falls, Texas, a municipal corporation, acting throng
its City Mana, *er_ hereinafter called "Lessor," and Wild Bird Rescue, [tic.. a Texas non -prof
corporation hereinafter called "Lessee,"
WITNESSETH:
WHEREAS, the City is the owner of certain property located within the corporate limits
of the City of Wichita Falls; and,
WHEREAS, Lessee is a non - profit corporation whose mission is to care for sick, injure
and orphaned wild birds, with the goal of returning them to the wild when possible; and,
WHEREAS, it is the goal of Lessee to educate the community about wild birds and wit
bird issues.
NOW, THEREFORE, the parties hereto agree as follows:
City does hereby lease to Lessee for a wild bird rescue the following described re.
property located in Wichita County, to wit:
An area of approximately 1.5 acres out of a 2.95 acre tract of the
Thomas Toby Survey No. 5, Abstract 297, said 2.95 acre tract being
also known as 4611 Lake Shore Drive, Wichita Falls, Wichita County,
Texas. The 1.5 acre tract herein leased is further described in the map
attached as Exhibit A and incorporated herein.
1. TERM. The land is leased for a term of five (5) years commencing on January 1
2003 and ending on December 31, 2007.
2. RENT. Lessee agrees to pay the City an annual rental under this agreement th
sum of one dollar($1.00) for the period of this lease, said rental payable in advance of each yea
at the office of the Parks and Recreation Department or at such other places may be designated is
writing by the City.
3. LESSEE'S COVENANTS.
a. Taxes and assessments Lessee agrees to pay when due, all real
property taxes, assessments and charges of every kind whatsoever
that may be lawfully imposed, assessed, or charged during the term
of this lease against the leased premises or any part thereof, whether
the taxes, assessments and charges are legally payable by Lessor or
Lessee.
b. Utility and other charges Lessee will pay when due all utility
charges including but not limited to water and sewer, gas, heat, light,
power, and telephone charges.
c. Repair and maintenance Except as otherwise provided, Lessee will
maintain and keep in good repair all buildings and other
improvements now or hereinafter located on the leased premises.
Lessee shall also keep the premises mowed and in a neat and orderly
appearance.
4. UNLAWFUL USES; INDEMNIFICATION. Lessee will not make or allow t
be made any unlawful, improper or offensive use of the premises or any part thereof, and agree
to keep the same in a strictly decent, safe, and sanitary condition, observing all municipal, statt
and federal laws, ordinances, rules and regulations, now or hereafter in effect. Lessee furthc
agrees to indemnify Lessor against any and all claims, demands, costs or judgments of any kin
whatsoever made or suffered by reason of the breach of this covenant.
5. ADDITIONAL INDEMNIFICATION. Lessee agrees to indemnify Less(
from or against any and all claims, demands, costs, attorneys fees, expenses or judgments th;
may arise or that Lessor may suffer on account of or in connection with the leased premises (
any condition or occurrence thereon.
6. ASSIGNMENT. Lessee shall not assign this lease nor sublet the premise
without the prior written consent of Lessor.
7. INSPECTION. Lessor shall have the right at all reasonable times during
term of this lease to enter the premises and any buildings or other improvements to determine
the covenants made by the Lessee are being performed.
8. LIABLITY INSURANCE. Lessee will, at Lessee's own expense, procure an(
maintain during the term of this lease general liability insurance in the aggregate amount of on
hundred thousand dollars ($100,000.00). The City shall be listed as an additional insured on suc
Policy.
9. CONSTRUCTION OF BUILDINGS. Before beginning construction c
substantial alteration of any building or buildings on the leased premises, Lessee will obtai
Lessor's written approval of the plans and specifications.
10. OTHER CITY USES. This lease shall not be construed in any manner t
prohibit Lessor's construction of a public trail across the Leased Premises and along the shore c
Lake Wichita.
11. SURRENDER. At the end of the term of this lease, Lessee agrees to surrender I
Lessor the land leased together with all buildings and other improvements, whether erected b
Lessee or otherwise, in good order, repair and condition.
12. LESSOR'S RIGHTS ON DEFAULT. This lease is subject to Lessee
performance of the covenants and conditions set forth. If Lessee defaults in performance of ar
of the covenants or conditions, and the breach continues for more than thirty (30) days aft
Lessee receives written notice of it, or if Lessee files or has tiled against it in any proceeding
any kind whatsoever under any provisions of the Federal Bankruptcy Act, or becomes bankru
or insolvent, or makes any assignment for the benefit of creditors, or abandons the premises, tht
Lessor may at it's options: (1) pursue any legal remedy to recover for the breach and contim
this lease in force or (2) declare the lease forfeited, reenter the leased premises, and remove
persons claiming under the lease and all property of Lessee.
13. NON - WAIVER OF BREACH. Lessor's waiver of Lessee's breach of aj
covenant or condition contained herein will not be construed as a waiver of the covenant
condition itself, of any subsequent breach, or any other covenant or condition contained herein.
14. NOTICES. Any notice or demand required or permitted to be given will
deemed sufficiently given when delivered or mailed by registered or certified mail, posta
prepaid, addressed to the party to receive it at the addresses specified or at any other address
addresses which the receiving party has designated in writing.
15. LIMITATION OF WARRANTIES. THERE ARE NO IMPLIEL
WARRANTIES OF MERCHANTABILITY OF FITNESS FOR A PARTICULAR PURPOSE
OR OF ANY OTHER KIND ARISING OUT OF THIS LEASE, AND THERE ARE N(
WARRANTIES THAT EXTEND BEYOND THOSE EXPRESSLY STATED IN THIS LEASE
EXECUTED this oZ \ day of 2003.
Attest:
City Jerk
Approved as to Form:
City Attorney
Wild Bird Rescue, Inc.
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