Res 2156 6/6/1978RESOLUTION NO. c",/lO
RESOLUTION APPROVING LEASES FOR THE MARTIN
LUTHER KING .MULTI-PURPOSE CENTER TO WICHITA
FALLS - WICHITA COUNTY HEALTH DEPARTMENT;
SENIOR CITIZENS OF NORTH TEXAS, INC. ;
HUMAN RESOURCES DEPARTMENT-CITY OF WICHITA
FALLS; HEADSTART/CHILD DEVELOPMENT PROGRAM,
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-Pur-
pose 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
Falls; Headstart/Child Development Program, 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 of Wichita Falls.
PASSED AND APPROVED this the 6th day of June, 1978.
M A Y O R
77 Airy r
ATTEST:
City Clerk
LEASE
THE STATE OF TEXAS X.
COUNTY OF WICHITA X
This lease, made this day of 1978 ,
between the City of Wichita Falls, Texas, a municipal cor-
poration, as Lessor and Wichita Falls - Wichita County
Health Department, 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 Center at 1100 Smith
Street in the City of Wichita Falls , Texas , said premise to
be used for
to have and to hold the same for the
term of thirteen months beginning the first day of
September, 1978 , Lessee yielding and paying to Lessor rent
at the rate of four thousand, three hundred forty-one and
35/100 dollars ($4 , 341. 35) for the full term, to be paid in
equal monthly installments of three hundred thirty-three
and 95/100 dollars ($333. 95) on the first day of each month,
the first of such payments to be made on the first day of
September, 1978, 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 upon thirty days written
notice given 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 prem-
ises 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
S'+CB iG• 'a,7 k,, di A
commencement of the term, or may be put in by Leaaor .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 addi-
tions 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 the outer walls, or any signs to be on the pre-
mises, 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 regu-
lations 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 appar-
atus 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
2
responsible for any latent defects in the leased premises.
Lessee shall be solely 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 trespass of any kind or
character, for terminating this lease under the provisions
herein.
The Lessee does hereby expressly agree that the lease
shall not be null and void if the Martin Luther King Multi-
Purpose Center is not ready for occupancy on the first of
September, 1978; and that Lessor' s only responsibility is
to abate the rent hereunder until the Lessee is notified
by Lessor that the Center is ready for occupancy, and on
that date rent shall again be due, pro rata for any part
of the first month, then as agreed in numbered paragraph one.
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. 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 WHEREOF, the parties hereto have caused
this agreement to be signed on the date first above stated.
City of Wichita Falls, Texas
By:
ATTEST: Gerald G. Fox, City Manager
City Clerk Wichita Falls - Wichita County
ATTEST: Health Department
By:
3 -
L
LEASE
THE STATE OF TEXAS X
COUNTY OF WICHITA X
This lease, made this day of 1978 ,
between the City of Wichita Falls , Texas, a municipal cor-
poration, as Lessor and Senior Citizens of North Texas, Inc. ,
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 Center at 1100
Smith Street in the City of Wichita Falls, Texas, said
premise to be used for
to have and to hold the same for
the term of thirteen months beginning the first day of
September, 1978, Lessee yielding and paying to Lessor rent
at the rate of nine thousand four hundred sixty-nine and
46/100 dollars ($9 ,469. 46) for the full term, to be paid
in equal monthly installments of seven hundred twenty-eight
and 42/100 dollars ($728 . 42) on the first day of each
month, the first of such payments to be made on the first
day of each month, the first of such payments to be made on
the first day of September, 1978 , 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 upon thirty days
written notice given 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 hereby, without further reduction in rental
payment, expressly agrees that this lease is nonexclusive
as to the City and the City' s utilization of the Lessee' s
space during times when Contractor' s personnel are not pre-
sent is a right retained by the City.
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 dur-
ing the continuance thereof, reasonable use and wearing
thereof and damage by accidental fire or inevitable acci-
dents only excepted.
3. Lessee agrees he will not make or suffer any addi-
tions 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 the outer walls, or any signs to be on the pre-
mises , 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 offen-
sive use of the premises , or any use thereof other than as
herein specified.
5. Lessee agrees to conform to such reasonable regula-
tions 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 appara-
tus 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
2 -
t,„.:._, A .0 :
in writing of Lessor, and will, at the end of the said
term, peaceably deliver up to Lessor the demised itemises,
with all future erections or additons 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 solely 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 trepass of any kind or
character, for terminating this lease under the provisions
herein.
The Lessee does hereby expressly agree that the lease
shall not be null and void if the Martin Luther King Multi-
Purpose Center is not ready for occupancy on the first of
September, 1978 ; and that Lessor' s only responsibility is
to abate the rent hereunder until the Lessee is notified
by Lessor that the Center is ready for occupancy, and on
that date rent shall again be due, pro rata for any part of
the first month, then as agreed in numbered paragraph one.
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 .
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 WHEREOF, the parties hereto have caused
this agreement to be signed on the date first above stated.
City of Wichita Falls, Texas
ATTEST:
BY:
Gerald G. Fox, City Manager
City Clerk
ATTEST: Senior Citizens of North Texas, Inc.
By:
3 -
LEASE
THE STATE OF TEXAS
COUNTY OF WICHITA X
This lease, made this day of 1978,
between the City of Wichita Falls, Texas, a municipal cox-
poration, as Lessor and Human Resources Department-City of
Wichita Falls, 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 Center at 1100
Smith Street in the City of Wichita Falls, Texas, said
premise to be used for
to have and to hold the same for
the term of thirteen months beginning the first day of
September, 1978 , Lessee yielding and paying to Lessor rent
at the rate of one thousand five hundred fifteen and
15/100 dollars ($1, 515. 15) for the full term, to be paid
in equal monthly installments of one hundred sixteen and
55/100 dollars ($116. 5) on the first day of each month,
the first of such payments to be made on the first day of
September, 1978 , 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 upon thirty days written
notice given 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 acgidentS Only
excepted.
3. Lessee agrees he will not make or suffer any Addi-
tions 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 the outer walls, or any signs to be on the pre-
mises, 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 regu-
lations 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 appar-
atus 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.
2 -
4 .
Lessee shall be solely 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 trespass of any kind or
character, for terminating this lease under the provisions
herein.
The Lessee does hereby expressly agree that the lease
shall not be null and void if the Martin Luther King Multi-
Purpose Center is not ready for occupancy on the first of
September, 1978; and that Lessor's only responsibility is
to abate the rent hereunder until the Lessee is notified
by Lessor that the Center is ready for occupancy, and on
that date rent shall again be due, pro rata for any part
of the first month, then as agreed in numbered paragraph one.
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. 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 WHEREOF, the parties hereto have caused
this agreement to be signed on the date first above stated.
City of Wichita Falls, Texas
By:
Gerald G. Fox, City ManagerATTEST:
City Clerk
Human Resources Department -
ATTEST: City of Wichita Falls
By:
3 -
LEASE
THE STATE OF TEXAS x.
COUNTY OF WICHITA x
This lease, made this day of 1978,
between the City of Wichita Falls, Texas, a municipal cor-
poration, as Lessor and Headstart/Child Development Program,
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 Center at 1100 Smith
Street in the City of Wichita Falls, Texas, said premise to
be utilized for the Headstart/Child Development Program to
have and to hold the same for the term of thirteen months
beginning the first day of September, 1978 , Lessee yielding
and paying to Lessor rent at the rate of six thousand seven
hundred sixty and no/100 dollars ($6 ,760. 00) for the full
term, to be paid in equal monthly installments of five hun-
dred twenty and no/100 dollars ($520. 00) on the first day
of each month, the first of such payments to be made on the
first day of September, 1978 , 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 upon thirty days written notice
given 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; provided, however, that if the fed-
eral funding for the Headstart/Child Development Program of
Community Action Corporation of Wich Falls and North
Texas Area is increased or decreased during the term of
this agreement the total rental set out above shall be sub-
ject to renegotiation upon ten days written notice delivered
to the other party of the intention to renegotiate the total
rental amount. Community Action Corporation of Wichita
Falls and North Texas Area shall report any increase or
decrease in federal funding of the Headstart/Child Develop-
ment Program to the City' s designated representative imme-
diately.
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 dur-
ing the continuance thereof, reasonable use and wearing
thereof and damage by accidental fire or inevitable acci-
dents only excepted.
3. Lessee agrees he will not make or suffer any addi-
tions 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 the outer walls, or any signs to be on the pre-
mises, 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 offen-
sive use of the premises , or any use thereof other than as
herein specified.
5. Lessee agrees to conform to such reasonable regu-
lations 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 appar-
atus 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
2 -
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 solely 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 trespass of any kind or
character, for terminating this lease under the provisions
herein.
The Lessee does hereby expressly agree that the lease
shall not be null and void if the Martin Luther King Multi-
Purpose Center is not ready for occupancy on the first of
September, 1978 ; and that Lessor' s only responsibility is to
abate the rent hereunder until the Lessee is notified by
Lessor that the Center is ready for occupancy, and on that
date rent shall again be due, pro rata for any part of the
first month, then as agreed in numbered paragraph one.
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.
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.
3
d,.is.Yidas1tmi Y1.4A'.1tk. lwL H,W..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;. . .
Gerald
G. Fox, City Manager ATTEST:
City
Clerk Headstart/
Child Development Program By:
ATTEST:
4
LEASE
THE STATE OF TEXAS
COUNTY OF WICHITA X
This lease, made this day of 1978 ,
between the City of Wichita Falls, Texas, a municipal cor-
poration, as Lessor and Community Action Corporation of
Wichita Falls and North Texas Area of Wichita Falls, 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 Center at 1100 Smith
Street in the City of Wichita Falls, Texas, said premise to
be used for
to have and to hold the same for the
term of thirteen months beginning the first day of
September, 1978, Lessee yielding and paying to Lessor rent
at the rate of five hundred eighty-three and 05/100 dol-
lars ($583. 05) for the full term, to be paid in equal
monthly installments of forty-four and 85/100 dollars
44. 85) on the first day of each month, the first of such
payments to be made on the first day of September, 1978 ,
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 upon thirty days written notice given 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 addi-
tions 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 the outer walls, or any signs to be on the pre-
mises, 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 regu-
lations 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 appar-
atus 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
2 -
r• 44:44ia?".wA.,Ki.R iG°
responsible for any latent defects in the leased premises.
Lessee shall be solely 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 trespass of any kind or
character, for terminating this lease under the provisions
herein.
The Lessee does hereby expressly agree that the lease
shall not be null and void if the Martin Luther King Multi-
Purpose Center is not ready for occupancy on the first of
September, 1978; and that Lessor's only responsibility is
to abate the rent hereunder until the Lessee is notified
by Lessor that the Center is ready for occupancy, and on
that date rent shall again be due, pro rata for any part
of the first month, then as agreed in numbered paragraph one.
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. 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 WHEREOF, the parties hereto have caused
this agreement to be signed on the date first above stated.
City of Wichita Falls, Texas
By:
Gerald G. Fox, City ManagerATTEST:
City Clerk
Community Action Corporation of
ATTEST: Wichita Falls and North Texas
Area of Wichita Falls
By:
3 -