Res 092-95 6/20/1995RESOLUTION NO.
A RESOLUTION AWARDING BID FOR LEASE OF DOWNTOWN
PARKING LOTS TO SMITH WALKER AND AUTHORIZING THE
CITY MANAGER TO EXECUTE THE LEASE AGREEMENT;
FINDING AND DETERMINING THAT THE MEETING AT WHICH
THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC
AS REQUIRED BY LAW.
WHEREAS, the City of Wichita Falls owns the parking lots at
710 -720 Ohio Street, and said area is not currently needed for the
operation of City facilities; and
WHEREAS, the City is interested in leasing this property in order
to alleviate the responsibilities and cost of maintenance, and has,
therefore, advertised this property for lease to the general public.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
WICHITA FALLS, TEXAS, THAT:
SECTION 1. Bids were received on May 15, 1995 for the lease of
parking lots as follows:
Lots 3, 4, and 5, Block 163, Original Townsite,
a /k /a 710 -720 Ohio Street, Wichita Falls, Texas
Bidder: Smith Walker
2107 Berkeley, Wichita Falls, Texas
Bid: $ 10.00 annual rental and labor and materials to install
approximately $ 5,000.00 of surfacing, landscaping, and
visual screening to said property.
SECTION 2. The City Manager is hereby authorized to execute the
attached lease agreement on behalf of the City of Wichita Falls with
the above - stated bidder.
SECTION 3. It is 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 20th day c
ATTEST:
' l
J'-City-Clerk
L•1 ri S V is
STATE OF TEXAS §
COUNTY OF WICHITA §
This lease, made and entered into this the day of
, 1995, by and between the City of Wichita Falls,
Texas, Lessor, and Smith Walker, of Wichita Falls, Lessee,
WITNESSETH:
In consideration of the covenants herein contained in the
part of Lessee to be kept and performed, Lessor does hereby lease
unto Lessee all those certain lots, tracts and parcels of land
situated in Wichita County, Texas, to -wit:
All of Lots 3, 4, and 5, Block 163, Original
Townsite, a /k /a 710 -720 Ohio Street, Wichita
Falls.
The term of this lease shall be for a period of five years,
beginning the 1st day of July, 1995, and ending the 14th day of
June, 2000. Lessee has an option to renew this lease for an
additional period of five years at an annual rate to be
negotiated by the parties. Lessee may exercise such option by
giving Lessor notice in writing of its intention to exercise same
not less than sixty (60) days prior to the expiration of the
primary term of this lease.
The leased premises shall be used by lessee for parking
purposes only. Lessee will develop parking areas according to a
plan to be approved by the Community Development Department and
the Public Works Department of the City of Wichita Falls. All
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improvements made by Lessee according to such plan shall be
completed within sixty (60) days from the execution of this lease
and shall become part of the realty owned by Lessor. Lessee
shall receive no compensation for such improvements upon the
termination or expiration of this lease. Minimum development, in
the amount of $5,000.00, shall include construction of a gravel
surface, installation of bumper blocks, and the provision of
minimal landscaping and /or visual screening along Ohio Street.
Lessee shall pay annual rental for this lease in the sum of
Ten and No /100 ($10.00) Dollars per year, which shall be payable
annually in advance to the Finance Department of the City of
Wichita Falls. The annual rental for the five (5) year option
period shall be negotiated and agreed upon by the parties.
Lessee shall maintain the property in a clean and attractive
condition during the term of this lease.
Lessee shall pay any ad valorem taxes which may be assessed
against the property during the term of this lease.
-If the Lessee fails to pay the annual rental by the 30th of
June, or if Lessee breaches any other covenant of this lease and
fails to correct such breach within thirty (30) days after being
notified in writing by Lessor of such breach, Lessor shall have
the right to terminate this lease. If, during the term of this
lease, the Wichita Falls City Council should find that the above -
described lots are needed by the City for some other public
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purpose which is of higher priority, Lessor may terminate this
lease by giving Lessee notice in writing sixty (60) days prior to
such termination. Lessee shall also have such right to terminate
the lease by giving Lessor sixty (60) days' notice in writing.
Lessee shall make no modifications to the improvements on
the premises without the consent of Lessor's City Manager. If
modifications are made, at termination Lessee will restore the
premises to the condition it was in at the beginning of the
lease.
Lessee shall indemnify and hold Lessor harmless from
liability for damages for personal injury or property damages
arising out of the use and maintenance of this property.
IN WITNESS WHEREOF, the parties hereto have caused these
presents to be executed as of the day and year first stated
above.
ATTEST:
City Clerk
City of Wichita Falls
By:
James Berzina, City Manager
Smith Walker