Res 2650 10/21/1980RESOLUTION NO. 2650
RESOLUTION AUTHORIZING THE CITY MANAGER TO INITIATE
A LEASE BETWEEN THE CITY OF WICHITA FALLS AND THE
COMMUNITY ACTION CORPORATION FOR LEASE OF BUILDING
AT 602 BROAD STREET.
WHEREAS, the City of Wichita Falls annually reviews its
contract with the Community Action Corporation for building
facilities at 602 Broad Street; and,
WHEREAS , a new lease has been negotiated for a period
of one year, with four options of one year each to extend
this lease for a total of five years; and,
WHEREAS, monthly rental of the building has been
increased from six hundred dollars per month to eight
hundred dollars per month which is considered an "in-kind"
contribution; and,
WHEREAS, the Community Action Corporation, shall now
assume full responsibility of provision of insurance for the
building, including payment of any deductibles.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN
OF THE CITY OF WICHITA FALLS, TEXAS, THAT:
The City Manager is authorized and directed to execute
said lease agreement, a copy of which is attached hereto,
between the Community Action Corporation and the City of
Wichita Falls.
PASSED AND APPROVED this the 21st day of October, 1980.
MAYO R Pro tern
r
ATTEST:
J
City Clerk
THE STATE OF TEXAS X
COUNTY OF WICHITA X
LEASE AGREEMENT
This lease made and entered into this the day of
October, 1980, by and between the City of Wichita Falls,
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Texas, hereinafter called Lessor, and the Community Action i)
Corporation of Wichita Falls and North Texas Area, herein-
after called Lessee,
WITNESSETH:
For and in consideration of the mutual covenants herein
contained, the parties hereto do hereby agree as follows:
1. Lessor hereby leases to Lessee the following described
property situated in Wichita Falls , Wichita County, Texas,
All of Lot J and Lot I and the East 40. 5 ' of
Lot H of Huff' s Subdivision of Lot 1, Block 245
of the Original Town of Wichita Falls, according
to the plats of record in the office of the
County Clerk, Wichita County, Texas, and being
the property on which the old Wichita Health Unit
is located.
2 . The term of this lease shall be for twelve (12) months,
commencing on October 1 , 1980 , and extending to September 30,
1981. At the conclusion of the original term of this lease,
Lessee shall have four options to extend this lease for
additional periods of one year each. Each year that Lessee
desires to exercise its option for an additional one year
period, it shall notify the Lessor in writing no less than
thirty (30) days prior to October 1, of that year. In the
event Lessee chooses not to exercise any Poftheoptions,
this lease and all future options shall terminate.
3 . The rental for this property shall be the sum of
Eight Hundred ($800 . 00) Dollars per month. However, Lessee
shall actually pay no cash rental to Lessor; this amount
shall be considered an "in-kind" contribution by Lessor
to Lessee.
4 . Lessee will be fully responsible for all maintenance
of the structure and grounds as well as repairs inside and
outside the structure, it shall review such improvements and
repairs with the Lessor' s City Manager and obtain his approval
for them.
5. Lessee shall be responsible to pay for all utilities
and janitorial services for the building and grounds.
6 . a. Lessee shall be fully responsible for obtaining
and maintaining insurance on the building located on the
leased premises. Property liability insurance shall include
coverage for fire, extended coverages , vandalism and malicious
mischief with the building being insured for not less than
90 per cent of its then current appraised value, as established
by the Lessor with a per occurrence deductible not to exceed
5, 000. The deductible for each and every loss shall be paid
by Lessee. Lessee further agrees to release and hold harmless
the Lessor from liability and all costs of suit. Failure to
pay deductible or failure to release and hold Lessor harmless
shall be good cause for cancelling this lease upon five days
written notice thereof to Lessee.
b. Lessee shall be solely responsible for injuries
occurred by its guests, invitees, employees or licensees, and
shall forever release and hold harmless Lessor from all costs
involved as a result of injury. As further assurance, Lessee
hereby agrees to secure liability insurance in the following
amounts : for damages arising out of bodily injuries to or
death of one person in any one occurrence, $100, 000; for
damages arising out of bodily injuries to or death of two (2)
or more persons in any one occurrence, $300, 000; for damages
to or destruction of property in any one occurrence, $50, 000.
c. Lessee agrees to obtain all of the above insurance
with the Lessor as a named co-insured, and to furnish duplicates
of all policies of insurance to Lessor prior to this lease
being effective or any option to extend. All of the above
insurance policies shall be effective until the Lessor receives
ten days written notice of cancellation, and shall so state
the same as a part of said insurance policies.
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d. Failure to obtain or maintain insurance as set
out above shall be good cause for the lease or an option to
extend the lease to be cancelled upon five days written notice
thereof to Lessee.
7. It is agreed that employees of Lessee shall not be
allowed to use the parking facilities on the west side of the
Memorial Auditorium; parking for employees of Lessee shall be
accomplished both on Broad Street adjacent to the leased
premises or on the leased premises themselves.
8. Lessor reserves unto itself the exclusive right to
use the large store room at the west end of the building on
the leased premises.
9. At the termination of this lease, Lessee shall deliver
up the premises to Lessor in as good condition as they were at
the beginning of the lease, reasonable wear and tear excepted.
10. The signing of this lease shall, as of the effective
date herein, void and cancel any prior lease or option.
IN WITNESS WHEREOF, the parties hereto have caused these
presents to be executed as of the date written above.
CITY OF WICHITA FALLS , TEXAS
rt Bach
City Manager
ATTEST:
City Clerk
COMMUNITY ACTION CORPORATION OF
WICHITA FALLS AND NORTH TEXAS
AREA
BY:
Chairman of its Board of
Directors
ATTEST :
Secretary
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