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Res 168-2007 11/20/2007 y , RESOLUTION NO. 1 68-200 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE RENEWAL WITH THE WILD BIRD RESCUE, INC; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. WHEREAS, the current lease of 2.5 acres of land at 4600 Lake Shore Drive by Lake Wichita to Wild Bird Rescue, Inc. expires on December 31, 2007; and WHEREAS, the Wild Bird Rescue, Inc. has requested a renewal of the lease; and WHEREAS, Wild Bird Rescue, Inc. requests the term of the lease be increased from five years to twenty years. 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 renewal, as attached, with Wild Bird Rescue, Inc. SECTION 2. 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 20' day of November 2007. ��l���^ - u., MAYOR ATTEST: _� Clerk Wild Bird Rescue Lease STATE OF TEXAS § COUNTY OF WICHITA § This Lease Agreement, made and entered into this day of , 2003, by and between the City of Wichita Falls, Texas, a municipal corporation, acting through its City Manager, hereinafter called "Lessor," and Wild Bird Rescue, Inc., a Texas non-profit 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, injured 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 wild bird issues. NOW, THEREFORE, the parties hereto agree as follows: City does hereby lease to Lessee for a wild bird rescue the following described real property located in Wichita County, to wit: An area of approximately 2.5 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 E�chibit A and incorporated herein. 1. TERM. The land is leased for a term of twenty (20) years commencing on January l, 2008 and ending on December 31, 2028. 2. RENT. Lessee agrees to pay the City an annual rental under this agreement the sum of one dollar ($1.00) for the period of this lease, said rental payable in advance of each year at the office of the Parks and Recreation Department or at such other places may be designated in 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 chaxges are legally payable by Lessor or Lessee. b. Utility and other char 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 to be made any unlawful, improper or offensive use of the premises or any part thereof, and agrees to keep the same in a strictly decent, safe, and sanitary condition, observing all municipal, state, and federal laws, ordinances, rules and regulations, now or hereafter in effect. Lessee further agrees to indemnify Lessor against any and all claims, demands, costs or judgments of any kind whatsoever made or suffered by reason of the breach of this covenant. 5. ADDITIONAL INDENINIFICATION. Lessee agrees to indemnify Lessor from or against any and all claims, demands, costs, attorneys fees, expenses or judgments that may arise or that Lessor may suffer on account of or in connection with the leased premises or any condition or occurrence thereon. 6. ASSIGNMENT. Lessee shall not assign this lease nor sublet the premises without the prior written consent of Lessor. 7. INSPECTION. Lessor shall have the right at all reasonable times during the term of this lease to enter the premises and any buildings or other improvements to determine if the covenants made by the Lessee are being performed. 8. LIABLITY INSURANCE. Lessee will, at Lessee's own expense, procure and maintain during the term of this lease general liability insurance in the aggregate amount of one hundred thousand dollars ($100,000.00). The City shall be listed as an additional insured on such policy. 9. CONSTRUCTION OF BUII,DINGS. Before beginning construction or substantial alteration of any building or buildings on the leased premises, Lessee will obtain Lessor's written approval of the plans and specifications. 10. OTHER CITY USES. This lease shall not be construed in any manner to prohibit Lessor's construction of a public trail across the Leased Premises and along the shore of Lake Wichita. 11. SITRRENDER. At the end of the term of this lease, Lessee agrees to surrender to Lessor the land leased together with all buildings and other improvements, whether erected by Lessee or otherwise, in good order, repair and condition. 12. LESSOR'S RIGHTS ON DEFAULT. This lease is subject to Lessee's performance of the covenants and conditions set forth. If Lessee defaults in performance of any of the covenants or conditions, and the breach continues for more than thirty (30) days after Lessee receives written notice of it, or if Lessee files or has filed against it in any proceeding of any kind whatsoever under any provisions of the Federal Bankruptcy Act, or becomes bankrupt or insolvent, or makes any assignment for the benefit of creditors, or abandons the premises, then Lessor may at it's options: (1) pursue any legal remedy to recover for the breach and continue this lease in force or (2) declare the lease forfeited, reenter the leased premises, and remove all persons claiming under the lease and all property of Lessee. 13. NON-WAIVER OF BREACH. Lessor's waiver of Lessee's breach of any covenant or condition contained herein will not be construed as a waiver of the covenant or 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 be deemed sufficiently given when delivered or mailed by registered or certified mail, postage prepaid, addressed to the party to receive it at the addresses specified or at any other address or addresses which the receiving party has designated in writing. 15. LIlVIITATION OF WARRANTIES. THERE ARE NO IMPLIED WARRANTIES OF MERCHANTABILITY OF FITNESS FOR A PARTICULAR PURPOSE, OR OF ANY OTHER KIND ARISING OUT OF THIS LEASE, AND THERE ARE NO WARRANTIES THAT EXTEND BEYOND THOSE EXPRESSLY STATED IN THIS LEASE. E�CU'rED this day of , 2007. City of Wichita Falls, Texas By: Darron Leiker, City Manager Attest: City Clerk Approved as to Form: City Attorney