Res 2185 7/11/1978RESOLUTION NO. 0&71:
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RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
A LEASE FOR CONTINUED USE OF THE PROPERTY KNOWN AS
706 EAST SCOTT STREET AS A TRANSIT SYSTEM OPERATIONS
AND MAINTENANCE FACILITY.
WHEREAS, the City is authorized to operate a transit system to provide for
mass public transportation, and
WHEREAS, a facility is required to house the operations and maintenance
functions of the transit system.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF
THE CITY OF WICHITA FALLS, TEXAS:
That the City Manager is authorized to execute on behalf of the City of
Wichita Falls with the trustees of the I. R. Monaghan estate, a. lease of the property
known as 706 East Scott Street for use by the City to house transit system operations
and maintenance functions, a copy of which is attached hereto.
That the City Manager is authorized to execute such lease for a period of
three years with the right and option to extend the lease for an additional two year
period.
That it is hereby officially found and determined that the meeting at which
this resolution is passed is open to the public as required by law and that public
notice of the time, place and purpose of said meeting was given as required.
PASSED AND APPROVED THIS the 11th day of July, 1978.
A7M O R
ATTEST:
City Clerk
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THE STATE OF TEXAS
COUNTY OF WICHITA
This Lease Agreement made and entered into this the --
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day
of July , 1978 by and between Cecil R. Monaghan and A. D. Monaghan, Co-Trustees,
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 three (3) years, beginning September 1,
1978, and ending August 31, 1981. 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 Four
hundred and fifty ($450.00) dollars per month for the period beginning September 1,
1978 and ending August 31, 1979; Five hundred and twenty-five ($525.00) dollars
per month for Cher period beginning September 1, 1979 and ending August 31, 1980;
and Six hundred ($600.00) dollars per month for the period beginning September 1,
1980 and ending August 31, 1981. Rental shall be payable monthly in advance be-
ginning September 1, 1978.
3. This lease is entered into in lieu of and to take the place of that certain
lease dated September 9, 1971, between I. R. Monaghan and the City of Wichita
Falls.
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4. 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, 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.
5. 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.
6. 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 the third parties.
7. Lessor shall pay all ad valorem taxes on this property. Lessor
shall not be liable for any taxes on any of Lessee's movable property which is
installed or used on the premises.
8. 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.
9. Lessor shall not be liable to Lessee or its employees, a trons orp0
visitors for any damage to person or property occurring on the premises leased.
10. Lessor shall lease the property in "as is" condition and declines to
accomplish repairs during the period of this lease. Any repairs accomplished
shall be accomplished by Lessee at Lessee's expense.
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11. 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
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Police Departments, and prevent any unlawful use or nuisance on the property
leased.
12. Lessee is expressly granted the right and option to extend the term
of this lease for an additional two (2) year period beginning September 1, 1981
and ending August 31, 1983; if Lessee desires to exercise this option, it shall
do so by notifying Lessor in writing not later than June 30, 1981. If Lessee
exercises such option, the monthly rental rate shall be negotiated to allow for
an inflationary increase not to exceed Six (6%) persent for each of the option
years. Such notices may be mailed to Lessor at the above address, or .may
be delivered to him in person.
13. In the event either 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
contingencies, 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.
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CECIL R. MONAGHAN, Go'Trustee
I. R. Monaghan Estate, Lessor
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A. D. MONAGHAN?; Co-Trustee
I. R. Monaghan Estate, Lessor
By r
Gerald G. Fox, City\-%Manager
ATTEST:
City Clerk
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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 Cecil R. Monaghan and A. D. Monaghan,
known to rye to be the persons whose names are subscribed to the foregoing
instrument, and acknowledged to me that they signed the same for the consider-
ation and purposes therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the <%- /
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day of July, 1978.
Notary Public, Wichita County, Texas
iv/4.:L,
THE STATE OF TEXAS Y
COUNTY OF WICHITA I
BEFORE ME, the undersigned, a Notary Public, in and for Wichita County,
Texas, on this day personally appeared Gerald G. Fox, 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 acknow-
ledged to me that the same was the act of the said City of Wichita Falls, Texas,
a municipal corporation, and that he executed the same as the act of 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 9th day
of August, 1978
01(1),L((Cc (
Martha L. Cecil
Notary Public, Wichita County, Texas
Commission expires August 1, 1980
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