Res 2219 9/5/1978RESOLUTION NO. 2219
RESOLUTION APPROVING CHANGES IN LEASES OF
AREAS IN THE MARTIN. LUTHER KING MULTI-
PURPOSE CENTER TO COMMUNITY ACTION COR-
PORATION OF WICHITA FALLS AND NORTH TEXAS
AREA.
WHEREAS, by Resolution No. 2156, the Board of Aldermen of
the City of Wichita Falls approved leases of areas in The
Martin Luther King Multi-Purpose Center, including two leases
to Community Action Corporation of Wichita Falls and North
Texas Area; and,
WHEREAS , Community Action Corporation has requested that
certain changes be made in the leases which were approved by
the Board of Aldermen, and these changes are acceptable.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN
OF THE CITY OF WICHITA FALLS, TEXAS, THAT:
Those two leases, copies of which are attached hereto,
in which the City leases to the Community Action Corporation
of Wichita Falls and North Texas Area 181 square feet of floor
space and 4,021 square feet of floor space in The Martin
Luther King Multi-Purpose Center are hereby approved, and the
City Manager is authorized to execute and deliver the same
for the City of Wichita Falls, instead of the two correspond-
ing leases which were approved in Resolution No. 2156.
PASSED AND APPROVED this the 5th day of September, 1978.
4M A Y O R
ATTEST:
City Clerk
s
LEASE
THE STATE OF TEXAS
COUNTY OF WICHITA
This lease, made this day of 1978, between the
City of Wichita Falls, Texas, a municipal corporation, as Lessor and Community
Action Corporation of Wichita Falls and The North Texas Area, as Lessee,
WITNESSETH:
That Lessor does hereby demise and lease unto Lessee 4, 021 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 twelve months beginning the first day of October, 1978, Lessee yielding and
paying to Lessor rent at the rate of six thousand two hundred forty and no/100 dollars
6,240. 00) for the full term, to be paid in equal monthly installments of five hundred
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 October, 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 on March 1, 1979 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 the Headstart/Child De-
velopment program of Community Action Corporation of Wichita Falls and North Texas
Area. Community Action Corporation of Wichita Falls and North Texas Area shall re-
port any increase or decrease in federal funding of the Headstart/Child Development
Program to the City's designated representative immediately.
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 re-
pair as the same are in at the commencement of the term, or may beAy 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 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 pla-
card 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 es-
tablished from time to time by Lessor for the general covenience 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, the vacant and unen-
cumbered, 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 pre-
mises. Lessee shall be solely responsible for any injuries incurred by his guests,
invitees, employees or licensees.
10. In no event shall Lessor, its agenst, 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.
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y
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 day of October, 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 de-
livered to the Accounting and Finance Department, Memorial Auditorium, Room 202,
P. O. Box 1431, Wichita Falls, Texas 76307.
Phis 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
By:
Gerald G. Fox, City Manager
AT`T'EST:
City Clerk Community Action Corporation of Wichita
Falls and North Texas Area
Headstart/Child Development Program
I,
By:
ATTEST:
t(
3-
LEASE
THE STATE OF TEXAS
COUNTY OF WICHITA
This lease, made this day of 1978, between the
City of Wichita Falls, Texas, a 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
floors ace in the buildingP1mg 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 twelve months
beginning the first day of October, 1978, Lessee yielding and paying to Lessor rent
at the rate of five hundred thirty-eight and 20/100 dollars 538 2 0) 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
October, 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 on March 1, 1979 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 the term, or may be put in by
Lessor during the continuance thereof, reasonable use and wearing thereof and dam-
age by accidental fire or inevitable accidents only excepted.
3. Lessee agrees he will not make or suffer any additions or alterationsterations m
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 pla-
card 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 es-
tablished from time to time by Lessor for the general convenience of the tenants of
the building.
G. 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 unen-
cumbered, 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 pre-
mises. Lessee shall be solely responsible for any infuries 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.
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 October, 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,
2-
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.
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
BY:
Gerald G. Fox, City Manager
ATTEST:
1
City Clerk
Community Action Corporation Of Wichita
Falls and North Texas Area
BY:
ATTEST:
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