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Res 2566 7/1/1980RESOLUTION NO. ATe‘ RESOLUTION APPROVING LEASES FOR THE MARTIN LUTHER KING MULTI-PURPOSE CENTERR TO WICHITA FALLS - WICHITA COUNTY HEALTH DEPAR'T'MENT; SENIOR CITIZENS OF NORTH TEXAS, INC.; HUMAN RESOURCE'S DEPARTMENT CITY OF WICHITA FAILS: CHILD CARE INC.; AND COMMUNITY ACTION CORPORATION OF WICHITA FALLS AND NORTH TEXAS AREA. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Certain leases, copies of which are attached hereto, for leasing of parts of The Martin Luther King Multi-Purpose Center by the City of Wichita Falls to Wichita Falls - Wichita County Health Department; Senior Citizens of North Texas, Inc.; Human Resources Department-City of Wichita; Child Care Inc. and Community Action Corporation of Wichita Falls and North Texas Area is hereby approved, and the City Manager is authorized to execute and deliver the same for the City o fJ Wichita Falls. PASSED AND APPROVED THIS THE C c e i' 916 VVVV____ MAY ATTEST; City Clerk D ( r o LEASE THE STALE OF TEXAS X COUNTY OF WICHITA X This lease, made this 27th day of June 1980 between. the City of Wichita Falls, Texas a municipal corporation, as Lessor and Wichita Fells Wichita County Health Department, as Lessee, WITNESSETH: That does hereby demise and lease unto Lessee 1,323 square feet of floor space in the building known as the Martin Luther King Multi-Purpose Center at 1100 Smith Street in the City of Wichita Falls, Texas, said premise to be used for operation of a public health clinic as a branch of the Wichita Falls,-Wichita County Health Department Nursing Division, to have and to hold the sane for the term of twelve months beginning the first day of October, 1980, Lessee yielding and paying to Lessor rent at the rate of four thousand, sixty-six hundred and 05/ :.00 dollars ($4,666.05) for the full term, to be paid in equal monthly installments cE three hundred eighty-eight and 84/100 dollars (388.84) on the first day of each n nth, the first of such payments to be made on the first day of October, 1980, and at the same rate for any part of a nonth unexpired at the legal determination of this lease; provided, that the total rental fee provided for herein shall be subject to increase upon thirty days written notice given prior to the payment of any nonthly rental fee under this contract, which increases shall be based upon increases in the fair mar ket rental value of similar premises in Wichita Falls, Texas. Lessee covenants with Lessor as follows: 1. Lessee agrees to pay the rent reserved at the tines 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 wearinv; thereof and damage by accidental fire or inevitable accidents only excepted. 3. Lessee agrees he will not make or suffer any additions or alterations : n 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 the outer 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 estab=lished 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 sane, in such repair as aforesaid, and vacant and unencumbered, and in good and tenantable order and condition. 9. Lessor makes no warranties as to the suitability of the leased premises for any purpose. Lessor is not responsible for any latent defects in the leased premises. Lessee shall be solely responsible for any injuries incurred by his guests, employees or licensees. 10. In no event shall Lessor, its agents, servants or employees, be liable for any damges, breach of contract, or any action in the nature of a trespass of any kind or character, for terminating this lease under the provisions herein. 11. Lessee agrees to forever release lessor for any personal injury or property damage which ma occur on the property or within any structure (s) . FurthergYPPYY Lessee agrees to defend, pay, or settle every claim or suit against the City by anyone, whether considered gLoundless or not; and agrees to hold - the City harmless against every such claim or suit, including attorney's fees and cost. 2- Payments by Lessee shall be payable to the City of Wichita Falls, Texas and delivered to the Accounting and Finance Department, I'fexnrial Auditorium, Room 202, P.O. Box 1431, Wichita Falls, Texas 76307. 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 shall be conclusive upon the parties hereto. IN WITNESS ICEREOF, the parties hereto have cause this agreement to be signed on the date first above stated. City of Wichita Falls, Texas BY:r-- Gerd G. Fox, Cittjlanager All'EST: City Clerk Wichita Falls-Wichita County Health Department BY: L Lanie J. Benson, M.D. , Director AITEST: LEASE THE STATE OF TEXAS X COUNTY OF WICHITA X This lease, made this a 1 Day of 1980, between the City of Wichita Falls, Texas, a municipal corporation, as Lessor and Human Resources Department- City of Wichita Falls, as Lessee, WITNESSETH: That Lessor does hereby demise and lease unto Lessee 460 square feet of floor space in the building known as the Martin Luther King Multi-Purpose Center at 1100 Smith Street in the City of Wichita Falls, Texas, said premise to be used for classes for CETA youth and adults. to have and to hold the same for the term of twelve months beginning the first day of October, 1980, Lessee yielding and paying to Lessor rent at the rate of one thousand six hundred twenty-eight and 42/100 dollars ($1,628.42) for the full term, to be paid in equal monthly installments of one hundred thirty-five and 70/100 dollars ($135. 70) on the first day of each nonth, the first of such payments to ba made on the first day of October, 1980, and at the same rate for any part of a rental fee provided for herein shall be subject to increase upon thirty days written notice give prior to the payment of any monthly rental fee under this contract, which increases shall be based upon increases in the fair market rental value of similar premises in Wichita Falls, Texas. Lessee covenants with Lessor as follows: 1. Lessee agrees to pay the rent reserved 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. 3. Lessee agrees he will not make or suffer any additions or alterations in or to the premises without the written consent of Tessor. 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 the outer 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 therof other than as herein specified. 5. . Lessee agrees to conform to such reasonable regulations as may be estab- lished from time to time by Lessor for the general convenience of the ten- ants 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 makes no warranties as to the suitability of the leased premises for any purpose. Lessor is not responsible for any laten defects in the leased premises. Lessee shall be solely responsible for any injuries incurred by his guests, employees or licenesees. 10. 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 trespass of any kind or character, for terminating this lease under the provisions herein. 11. Lessee agrees to forever release lessor for any personal injury or property damage which may occur on the property or within any structure (s) . Further Lessee agrees to defend, pay, or settle every claim or suit against the City by anyone, whether considered groundless or not; and agrees to hold the City harmless against every such claim or suit, including attorney's fees and cost. 2- Payments by Lessee shall be payable to the City of Wichita Falls, Texas and delivered to the Accounting and Finance Department, T1enDrial Auditorium, Room 202, P.O. Box 1431, Wichita Falls, Texas 76307 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 shall be conclusive upon the parties herto. IN WITNESS WHEREOF, the parties herto have caused this agreement to be signed on the date first above stated. CITY OF WICHITA FALLS, TEXAS BY: Gerald G. Fox, Ca, Manager ATTEST: City Clerk Human Resources Department - City Of Wichita Falls, By: • ATTEST: LEASE THE STATE OF TEXAS X COUNTY OF WICHITA X This Lease, made this ry day of 1980 between the City of Wichita Falls, Texas, municipal corporation as Lessor and Community Action Corporation of Wichita Falls, and North Texas Area, as Lessee, WITNESSETH: That Lessor does hereby demise and lease unto Lessee 181 square feet of floor space in the building known as the Martin Luther King Multi-Purpose Center at 1100 Smith Street in the City of Wichita Falls, Texas, said premise to be used for an office to have and to hold the same for the term of twelve months beginnin first day of October, 1980, Lessee yielding and paying to Lessor rent at the rate of six hundred twenty-six and 33/100 dollars ($626.33) for the full term, to be paid in equal monthly installments of fifty-two and 19/100 ($52. 19) the first day of each month, the first of such payments to be made on the first day of October, 1980, and at the same rate for any part of a month unexpired at the legal determination of this lease; provided, that the total rental fee provided for herein shall be subject to increase on March 1, 1980 which is the beginning of the Lessee's program and fiscal year, which increases shall be based upon increases in the fair market rental value of similar premises in Wichita Falls, Texas, and/or increases in the federal funding for Lessee's programs. Lessee covenants with Lessor as follows: 1. Lessee agrees to pay the rent reserved 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 there term, or may be put in by Lessor during the continuance thereof, reasonable use and wearing thereof and damage by accidental fire of inevitable accidents only excepted. 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 of 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 the outer walls, or any signes 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 1- 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 makes no warranties as to the suitability of the leased premises for any purpose. Lessor is not responsible for any latent defects in the leased premises. Lessee shall be soley responsible for any injuries incurred by his guests, invitees, employees or licensees. 10. 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. 11. Lessee agrees to forever release lessor for any personal injury or property damage which may occur on the property or within any structure(s) . Further, Lessee agrees to defend, pay , or settle every claim or suit against the City by anyone, whether considered groundless or not; and agrees to hold the City harmless against every such claim or suit, including attorney's fees and cost. 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. 2- This lease may be cancelled by either party by providing the other party with sixty (60) days written notice. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be signed on the date first above stated. City of Wichita Falls, Texas 1 By: Gerald B. Fox, City Manager ATTEST: City Clerk Community Action Corporation )f Wichita Falls and North Texas Area. i i f ATTEST: 3- KARf EUTHL , THE STATE OF TEXAS COUNTY OF WICHITA X Thies lease , made this 27th day OE June 1980 between the City of Wichita Falls , Texas , a municipal corpora- tion, as Lessor and Senior Citizens of North Texas, Inc. , as Lessee , WIT=SETII: That Lessor does hereby demise an',1 lease unto Lessee 2 , 880 square feet of floor space in the building known as the Martin Luther King Multi-Purpose Center at iii Smith Street in the City of Wichita Falls , Texas , said -pre:-ises to be used for 'Senior Citizens Multi-Purpose Center uait eies.:regate meals , to have and to hold the same for the te: :: a teree months beginning the first day of October, 1980 , and ending the 30th day of Sept- ember, 1981 , Lessee yielding and payinc.; to Lessor rent at rate of seven thousand eight hundred dollars ( 7 , 800 . 00) for the full term, to be eaid in equal monthl installments of six hun- dred fifty dollars ($650 . 00) on the first of each mooch, the fir .; of such payments to be made on the first day of October, 1980 , and at the same rate for any part of a north unexpired at the legal de-termination of this lease - rovided chat the total react doe provided for hewein shall be subject Ic increase at toe ene ef the term hereof, Increases in rent shall ba based upon increases in the fair market rental value of similar premises in Wichita Falle , Texas. Lessee hereby, without further ieduction in rental tayment , expressly agrees that thiS lease in hohexclusive as te the City and the City' s utilization of the Leseee ' s space during tirr:es when contractor ' s personnel are not pa. sent is a right rat ajar:. by the City provided that the City shall notify the Project Dir- ector or Manager of the use of the cre _, and that no equip-ment will be abused , and that the City wili restore the room to tne condition observed prior to its utiliatioh. Lessee Covenants iia. boss— as :e _lows : 1 . Lessee agrees _a ,ay 2. n= reserve _ at the times and in the manner aforesaid. 2 . Lessee agrees he will keea a- - and singular the said premises in such repair as the same are in at the commencement of the term, or may he put in . v Lessor durin: the continuance thereof, reasonable use and wearing =hereof and damage by acci- dental fire or inevitable accidents colt excet=ed. 3. Lessee agrees he will net make or suffer any additions of alterations in or to the premises withou= the written consent of Lessor. 4. Lessee agrees he will not make or suffer any waste of the premises and will not suffer an _C - es 1T.0 be drilled or made in the stone or brickwork , or ant -lacard to be placed on the outer walls , or any signs to be cache tremLses, except such as Lessor snail acarove , only in such place Een, so affixed as Lessor shall prescribe, and will not make or suffer any unlawful , _r2croper, Jr offensive use of the premises , or any use thereof other than as herein specified . 5 . Lessee agrees to confor;, to such reasonable reguiaions as may be established from time to time hy Lessor for the general convenience of the tenants of the building. 6. Lessee agrees that any heating or lighting apparalas which ma :used on tha cremis, s old I bebeef such kn: as _ esser shall a.d)rove. 7 . Lessee agrees to permit Lessor at all reasonable times to enter upon and examine the premises and make such repairs as Lessor mav think necessary for the protection thereof. 8 . Lessee aQrrecs not to as:ign this lease or soot ic whole or any part of the premises we :nout the consent in writih of Lessor , and will , al_ the end at one said term, peeeeabl\ de- liver up to Lessor the demised crem' ses , with all future erect . s or additions ucon or to the same , in such repair as aforesaid , end vacant and unencumbered , and in gocd and tenantable coder and c dition. 9. Lessor makes no es as te the .uitabiaity of the leased premises for ani: pu essor is not responsible for any latent defects so the ieasea premises. Lessee shall be solely responsible for injuries incurred by hi:: guests , invitee employees or licensees , and shall forever release and hold harm- less Lessor from all costs invel.,ed as a resut of said inju:7ie,-.3 : 10 . Lessor agrees to provide materials for use in the jani- torial services of Lessee ' s are.: . Lessee ogres to prcvide , at no costs to Lessor , the labor for the 3anitorial and clean-up services , and to clean Lessee ' s area to standards approved by Lessor. Payments by Lessee shall be payable to the City of Wichita Falls , Texas, arid delivered to the Accchntioo- arid Finance De- partment , Memorial Auditorium, Room 202 , P. 0. Lox 1431 , Wichita Falls , Texas 76307 . The opinion of the majorit_ f hoard of Aldermen of the City of Wichita Falls , Texas, as to to necessity of cancellation of this lease shall be conclusive uteri the parties hereto. IN WITNESS WHEI:LOP, the parties hereto have caused this agreement to be signed on the date firs: above stated. CITI C7 WICHITT, FALLS , TEXAS Gerald G. Fox./ City Manager ATTLST: City Clerk Senior Citizens of North Teras, Inc. BY '1, , Project Director ATTEST: Ii 3-