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Res 018-89 2/7/1989RESOLUTION NO. IY-- �r RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT ON BEHALF OF THE CITY OF WICHITA FALLS WITH FIRST INDIANA COMPANY, LTD. WHEREAS, the City of Wichita Falls owns two lots known as 820 Ohio Street which are available as public parking; and, WHEREAS, the City is interested in leasing the property in order to alleviate the responsibilities and cost of maintenance. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The City Manager is hereby authorized to execute the attached lease agreement on behalf of the City of Wichita Falls with First Indiana Co., Ltd., whereby the City will lease the parking facilities located on Lots 6 and 7, Block 176, Original Townsite, a /k /a 820 Ohio Street, Wichita Falls, for usage by the tenants of the First Texas Building. PASSED AND APPROVED this the 7th day of February, 1989. M A Y O R ATTEST: City Clerk i y STATE OF TEXAS )( COUNTY OF WICHITA )( This lease, made and entered into this the day of , 1989, by and between the City of Wichita Falls, Texas, Lessor and First Indiana Company, Ltd., of Wichita Falls, Lessee, WITNESSETH: In consideration of the covenants herein contained on 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 6 and 7, Block 176, Original Townsite, a /k /a 820 Ohio Street, Wichita Falls. The term of this lease shall be for a period of five years, beginning the 15th day of February, 1989,-and ending the 14th day of February, 1994. Lessee has an option to renew this lease for e an additional period of three years; 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 shall pay annual rental for this lease in the sum of Three Hundred Fifty Dollars ($350.00) per year, which shall be payable annually in advance to the Finance Department of the City of Wichita Falls. 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 28th of February, 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 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 e the premises without the consent of Lessor's City Manager. If modifications are made, at termination Lessee will restore the premises to the condition they were 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. CITY OF WICHITA FALLS By: City Manager ATTEST: City Clerk FIRST INDIANA COMPANY, LTD. By: President e