Res 2858 9/29/1981r
RESOLUTION NO. Icr5= r
RESOLUTION AUTHORIZING CITY MANAGER TO EXECUTE
LEASE AGREEMENTS WITH VARIOUS AGENCIES FOR USE
OF SPACE IN THE MARTIN LUTHER KING CENTER
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS,
TEXAS, THAT:
The City Manager is authorized to enter into various lease agreements for
the use of space in the Martin Luther King Center. Such agreements shall
follow the general form of the lease attached hereto and may include such
additional terms and agreements as deemed necessary by the City Manager for
the safety, welfare, and protection of the City of Wichita Falls and its
citizens.
PASSED AND APPROVED this the 29th day of September, 1981.
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MAYOR
ATTEST:
101.4
City Clerk
MARTIN LUTHER KING BUILDING
LEASE
THE STATE OF TEXAS N
COUNTY OF WICHITA X
This lease, made this day of 19 between the
City of Wichita Falls, Texas, a municipal corporation, as Lessor and
as Lessee,
WITNESSETH:
That Lessor does hereby demise and lease unto Lessee square
feet of floor space in the building known as the Martin Luther King Multi-
Purpose (MLK) Center at 1100 Smith Street in the City of Wichita Falls, Texas,
said premise to be utilized for
to have and to hold the same for the term of months beginning
the day of 19 , Lessee yielding and paying
to Lessor rent at the rate of
for the full term to be paid in equal monthly
installments of on the
day of each month, the first of such payments to be made on the
day of 19 , and at the same rate for any part of
a month unexpired at the legal determination of this lease.
Should Lessee desire to renew this lease on an annual basis beginning
October 1, 19 , all terms of this lease shall automatically renew, except
that the total rental fee provided for herein shall increase fifteen (15)
per cent per year for each year that Lessee exercises their option to renew,
such option to be made at least sixty (60) days prior to the expiration of
the term. Should it be determined that a fifteen (15) per cent increase would
cause this rent to be inconsistent with fair market rental of similar premises
in Lessor's City, a fair rate will be negotiated.
Lessee covenants with Lessor as follows:
1. Lessee agrees to pay the rent at the times and in the manner aforesaid.
2. Lessee agrees he will keep all and singular the said premises in such
repair as the same are in at the commencement of the term, or may be put in by
Lessor during the continuance thereof, reasonable use and wearing thereof and
damage by accidental fire or inevitable accidents only excepted.
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3. Lessee agrees he will not make or suffer any additions or alterations
in or to the premises without the written consent of Lessor.
4. Lessee agrees he will not make or suffer any waste of the premises and
will not suffer any holes to be drilled or made in the stone or brickwork, or
any placard to be placed on any of the walls, or any signs to be on the premises,
except such as Lessor shall approve, and then only in such place and so affixed
as Lessor shall prescribe, and will not make or suffer any unlawful, improper,
or offensive use of the premises, or any use thereof other than as Herein specified.
5. Lessee agrees to conform to such reasonable regulations as may be
established from time to time by Lessor for the general convenience of the
tenants of the building.
6. Lessee agrees that any heating or lighting apparatus which may be used on
the premises shall be of such kind as Lessor shall approve.
7. Lessee agrees to permit Lessor at all reasonable times to enter upon and
examine the premises and make such repairs as Lessor may think necessary for the
protection thereof.
8. Lessee agrees not to assign this lease or sublet the whole or any part of
the premises without the consent in writing of Lessor, and will, at the end of the
said term, peaceably deliver up to Lessor the demised premises, with all future
erections or additions upon or to the same, in such repair as aforesaid, and
vacant and unencumbered, and in good and tenantable order and condition.
9. Lessor hereby agrees to pay for the electricity, water and gas bills of
the center, and to maintain such systems as may be reasonably necessary, but,
however, in no event shall Lessor be liable for the failure to furnish said
services.
10. In case the building or any part thereof shall at any time during said
term be damaged by fire, flood, tornado or other casualty so as to be unfit for
use and occupation, as determined by the MLK Center Coordinator, the rent is
hereby reserved or a just and proportionate part thereof, according to the nature
and extent of the damage sustained, shall be abated until the premises shall
have been restored by Lessor, or the lease may be terminated at the election of
Lessor. Lessor shall not be liable to or responsible for providing any additional
space for Lessee to occupy during such time the leased premises is damaged.
11. Lessee shall have the right to remove only those items which are not
attached or bolted to the building or any part thereof, and any items that have not
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been purchased by Community Development Block Grant Funds of the City of
Wichita Falls.
12. In no event shall Lessor, its agents, servants or employees, be liable for
any damages, breach of contract, or any action in the nature of a tresspass of any
kind or character, for terminating this lease under the provisions herein.
13. The Martin Luther King Center building will be closed to observe six (6)
holidays each year. The days which have been designated holidays are:
1. New Year's Day January 1
2. Memorial Day Last Monday in May
3. Independence Day July 4
4. Labor Day First Monday in September
5. Thanksgiving Day Last Thursday in November
6. Christmas Day December 25
14. Payments by Lessee shall be payable to the City of Wichita Falls, Texas,
and delivered to the Accounting and Finance Department, Memorial Auditorium,
Room 202, P. 0. Box 1431, Wichita Falls, Texas 76307.
15. The opinion of the majority of the Board of Aldermen of the City of
Wichita Falls, Texas as to the necessity of cancellation of this lease or any
renewal thereof or refusal to renew shall be conclusive upon the parties hereto.
16. Lessee also accepts the additional covenants with Lessor as found in
Exhibit "A" attached hereto.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be
signed on the date first above stated.
CITY OF WICHITA FALLS, TEXAS
BY:
ATTEST:
City _Clerk
BY:
ATTEST:
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