Res 077-2007 5/15/2007 �
RESOLUTION NO. ���� ���
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS, TEXAS, AUTHORIZING THE CITY MANAGER TO ENTER INTO
A LEASE WITH JMWJR PROPERTIES, LLC FOR A SMALL PARCEL OF
LAND TWENTY-TWO (22') FOOT BY NINETY (90') FOOT CONTAINING
APPROXIMATELY 1980 SQUARE FEET IMMEDIATELY ADJACENT TO
THE KEMP KELL DEPOT PROPERTY AT 503 8 STREET AS
INDICATED ON THE ATTACHED EXHIBIT "A"; FINDING AND
DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION
WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW.
WHEREAS, the City Council wishes to support the economic development of the
downtown area; and
WHEREAS, the Wichita County Heritage Society is prepared to sell and vacate
their property at 503 Eighth Street, also known as the Kemp Kell Depot, for private use,
and;
WHEREAS, JMWJR Properties, LLC wishes to purchase said property, but also
to lease immediately adjacent City owned property, and
WHEREAS, the Wichita Falls Railroad Museum has acted to release such area
for private use that they had previously leased from the City;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
SECTION 1. Subject to acceptable resolution of the ISTEA Enhancement Grant
agreement, the City Manager is authorized to enter into a lease with the JMWJR
Properties, LLC for a twenty-two feet (22'0") by ninety feet (90'0") portion of Lots 1 and
2 of Block 177 of the Original Town as described in the lease.
SECTION 2 . The lease will continual five-year (5) extension options to be
exercised with a sixty-day notice and the ability to increase the lease up to 10% of the
current lease amount at the time of renewal.
SECTION 3. 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 15th day of May, 2007.
MAYO R
ATTEST: �
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Ci lerk
EXHIBIT "A"
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Lease For A Parcel Of Land Twenty-two (22') Foot By Ninety (90') Foot Containing
Approximately 1980 Square Feet Immediately Adjacent (East) To The Kemp Kell Depot
Property At 503 gTx
1. Pn[tTiES. Lease made on 2007, by and between the City of Wichita Falls, a
municipal corporation, herein called Lessor, and JMWJR Properties, LLC, herein called Lessee.
2. DEI�tISE. Description of propertv. Lessor leases to Lessee all those parcels of land situated immediately
east and adjacent to 503 8�' Street, in the City of Wichita Falls, Wichita County, Texas, and more particularly
described as follows:
BEGINNING at a point along the north properiy line thirty feet (30'0") east of the northwest corner of Lot
1, Block 177;
THENCE east with the north line of Lot 1, a distance of twenty-two feet (22'0");
THENCE south parallel with the west lines of Lots 1 and 2 a distance of ninety feet. (90' 0");
THENCE west parallel with the south line of Lot 2 a distance of twenty-two feet (22'0");
THENCE north along a line parallel to the west property line of Lots 2 and 1 a distance of ninety feet
(90'0") to the Point of Beginning, said property containing 1980 square feet.
3. TER1�t. The land is leased for a term of five (5) years, commencing on , 2007, and
ending on , 2012, but subject to renewal or prior termination as provided.
4. RE1vEwA[,. By written notice given at least sixty (60) days prior to the expiration of this lease, Lessee
may renew the same for additional terms of five (5) years on the same terms and conditions as are contained here.
5. RENT. Lessee agrees to pay as rent for the premises over and above all real property taxes, assessments,
and other charges set forth, the sum of $300.00 per year, payable in annual installments in advance on the l day of
each Lease year with the option to increase said rents up to 10% of the annual amount being paid at the time of said
renewal.
6. LESSEE'S COVENANTS.
a. Taxes and assessments. Lessee agrees to pay when due, all real property taYes,
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 ad otherwise provided, Lessee will maintain and keep
in good repair all buildings and other improvements now or hereafter located on the Leased
Premises.
d. Fencing. The Lessee agrees to install an iron fence within ninety (90) days from the
effective date of this Lease to enclose the leased area that has a design compatibility with the
existing fencing along the Eighth Street frontage of the property.
e. 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.
f. Additional indemnification. Lessee agrees to indemnify Lessor from and 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
occunence thereon.
g. Assignment and sublease. Lessee will not assign this Lease nor sublet the premises
without the prior written consent of Lessor, which will not be unreasonably withheld.
h. Surrender. At the end of the term of this Lease or any renewal, 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.
i. Costs and expenses of Lessor. Lessee agrees to pay on demand all costs and expenses,
including reasonable attorneys' fees, paid or incurred by Lessor in enforcing this agreement or
any provision.
j. Lessor's rights on default. This lease is subject to Lessee's performance of the
covenants and conditions set forth in Paragraph 6. If Lessee defaults in performance of any of
the covenants or conditions, and the breach continues for more than ten (10) days after Lessee
receives written notice of it, or if Lessee files or has filed against it any proceeding of any kind
whatsoever under any provision of the FEDE[t�,t, BAtv[cRUPTCY AC7', or becomes bankrupt ar
insolvent, or makes any assignment for the benefit of creditors, or suffers this Lease or any
interest to be taken under writ of execution, or abandons the premises, then Lessor may, at its
option:
i. Pursue any legal remedy to recover for the breach and continue this Lease in force; or
ii. Declare the Lease forfeited, reenter the Leased Premises, and remove all persons claiming
under Lessee and all property of Lessee.
k. Nonwaiver of breach. Lessor's waiver of Lessee's breach of any covenant or condition
contained here will not be construed as a waiver of the covenant or condition itself, of any
subsequent breach, or of any other covenant or condition contained here. Lessor's subsequent
acceptance of rent will not be construed as a waiver of any preceding breach by Lessee of any
covenant or condition contained here, other than of Lessee's failure to pay, when due, the rent
accepted.
L 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 designed in writing.
LESSEE LESSOR
JMWJR PROPERTIES, LLC CITY OF WICHITA FALLS
By: BY�
Jimmie Whitmire Darron J. Leiker
Title: City Manager
Approved as to Form:
Assistant City Attorney
STATE OF TEXAS §
COUNTY OF WICHITA §
This instrument was acknowledged before me on the day of , 2007, by
Darron J. Leiker, City Manager of the City of Wichita Falls.
Notary Public, State of Texas
STATE OF TEXAS §
COUNTY OF WICHITA §
This instrument was acknowledged before me on the _ day of , 2007, by Jimmie
Whitmire, for JMWJR Properties, LLC.
Notary Public, State of Texas