Res 136-83 8/2/1983RESOLUTION NO. /f6
RESOLUTION APPROVING LEASE AGREEMENT OF LAND AT
706 EAST SCOTT STREET AND AUTHORIZING THE CITY
MANAGER TO EXECUTE SAME.
BE IT RESOLVED BY THE .CITY. COUNCIL OF THE CITY OF WICHITA FALLS,
TEXAS, THAT:
That certain lease agreement, a copy of which is attached hereto, from the
I. R. Monaghan Estate, A.D. Monaghan, Trustee, to the City of Wichita Falls
covering the land at 706 East Scott Street which is owned by the I. R. Monaghan
Estate is hereby approved, and the City Manager is authorized to execute same
for the City of Wichita Falls.
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PASSED AND APPROVED THIS the -6tlr day of August 1983.
MA Y O R PRO TEM
ATTEST:
y-Let,„,
City Clerk
r
THE STATE OF TEXAS
COUNTY OF WICHITA X
This Lease Agreement made and entered into this the day of
August, 1983 by and between A. D. Monaghan, Trustee, I. R. Monaghan Estate, of
3102 Speedway, Wichita Falls, Texas hereinafter called Lessor, and the City of Wichita
Falls, Texas hereinafter called Lessee,
WITNESSETH:
In consideration of the mutual covenants herein contained, the parties
hereto do hereby agree as follows:
1. Lessor, being the owner thereof, leases to Lessee the following
described property situated in Wichita Falls, Wichita. County, Texas described as follows:
Lots 4, 5, 6, and 7, Block 20, J. A. Kemp Addition to
the City of Wichita Falls, except a. 40 foot strip in front
thereof hereto fore sold to the City of Wichita. Falls as
right-of-way for street, said lots being 50 feet wide by
110 feet deep facing southwest on Scott Street, and known
as 706 East Scott in the City of Wichita Falls.
2. The term of this lease shall be one (1) year, beginning September 1,
1983, and ending August 31, 1984. Such property shall be occupied and used as a
terminal for Lessee's bus system, where it will store, wash, grease, repair, and
service its buses. Lessee shall pay the Lessor rental in the amount of Seven
Hundred Fourteen Dollars and Sixteen Cents 0714.16) per month for the period begin-
ning September 1, 1983 and ending August 31, 1984. Rental shall be payable monthly
in advance beginning September 1, 1983.
3. A grease pit has heretofore been constructed within the building
located on the property, for use in servicing buses. At the end of the term hereof,
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lessor shall have the option of requiring said grease pit to be filled in and the floor
restored to its condition prior to the constructing of said grease pit. If Lessor
desires to have said pit restored, he shall make known to Lessee his option so that
said restoration can be made within not less than a. week of the end of the term.
4. An underground tank for fuel and a gasoline pump above the ground
have been installed on this property. Lessee is granted the right to remove same at
the end of the term, and, if required by Lessor, the surface shall be restored to its
condition prior to the installation of such tank and pump.
5. The improvements on this property consist of metal buildings and
concrete floors. Lessor does not have same insured against any hazard. If insurance
is obtained by Lessee, such insurance shall be for the benefit of Lessor and Lessee
at Lessee's cost, and Lessee shall attempt to secure a waiver of subrogation of
claim by the insurer against Lessee or Lessor but not as to third parties.
6. Lessor shall pay all ad valoren taxes on this property. Lessor
shall not be liable for any taxes on any of Lessee's movable property which is in-
stalled or used on the premises.
7. If the improvements on the property are destroyed by fire, wind,
or other calamity so that it is not usable by Lessee, this lease shall, at the option
of Lessee, terminate and it shall pay rent to the end of the month when said calamity
occurs and not thereafter.
8. Lessor shall not be liable to Lessee or its employees, patrons or
visitors for any damage to person or property occurring on the premises leased.
9. Lessor shall lease the property in "as is" condition and declines
to accomplish repairs during the period of this lease. Any necessary repairs
shall be borne by Lessee.
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10. Lessee shall fulfill all of the ordinances of the City of Wichita Falls,
and shall meet the requirements imposed by the Board of Health, Sanitation, and
Police Departments, and prevent any unlawful use or nuisance on the property leased.
11. Lessee is expressly granted the right and option to extend the
term of this lease for an additional one (1) year period beginning September 1, 1984 and
ending August 31, 1985; if Lessee desires to exercise this option, it shall do so by
notifying Lessor in writing not later than June 30, 1984. If Lessee exercises such
option, the monthly rental rate shall be negotiated to allow for an inflationary increase
not to exceed Six (6%) percent for the option year. Such notices may be mailed to
Lessor at the above address, or may be delivered to him in person.
12. In the event of the following two contingencies occur, Lessee will
have no further use for this property, and Lessee shall have the right to terminate
such lease, to-wit:
a. The City Council of the City of Wichita Falls decides that the City
shall no longer operate a public transportation system; or,
b. The City builds a facility to handle the public transportation vehicles.
If Lessee desires to terminate the lease upon the happening of either of such conting-
encies, Lessee shall give Lessor written notice at least sixty (60) days prior to such
termination of the lease.
Executed at Wichita Falls, Texas, in duplicate as of the day and year
first set out above.
A. D. MONATAN, TRUSTEE
I. R. Monaghan Estate, Lessor
ATTEST:
CITY OF. WICHITA FALLS, Lessee
City Clerk
BY:
James P. Berzina, City Manager
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STATE OF TEXAS X
COUNTY OF WICHITA X
BEFORE ME, the undersigned, a. Notary Public in and for Wichita
County, Texas, on this day personally appeared A. D. Monaghan, known to me to
be the person whose name is subscribed to the foregoing instrument, and acknowledged
to me that he signed the same for the consideration and purposes therein expressed,
and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the 2C,ekday
of August 1983.
Notary ublic, Wichit County, Texas
G7117 z lit; 30 l>Si,
THE STATE OF TEXAS X
X
COUNTY OF WICHITA X
BEFORE ME, the undersigned, a Notary Public, in and for Wichita
County, Texas, on this day personally appeared James P. Berzina, City Manager
of the City of Wichita Falls, Texas, a municipal corporation, known to me to be
the person and officer whose name is subscribed to the foregoing instrument and
acknowledged to me that the same was the act of the said City of Wichita. Falls for
the purposes and consideration therein expressed, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of
August, 1983.
Notary Public, Wichita County, Texas