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Res 1805 5/4/1976L V RESOLUTION NO. /d RESOLUTION APPROVING LEASE AGREEMENT WITH MRS. RUDOLF TOUS, D/B/A FIESTA INN MOTEL, FOR ADVERTISING SPACE AT MUNICIPAL AIRPORT. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS , TEXAS, THAT: That certain lease agreement, a copy of which is attached hereto, between the City of Wichita Falls and Mrs. Rudolf Tous, d/b/a Fiesta Inn Motel, providing for advertising space at Municipal Airport, is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. PASSED AND APPROVED this the 4th day of May, 1976. MAY, R 271' ATTEST: i-- de/' ity Clerk I A G R E E M E N T THIS AGREEMENT entered into this 4th day of May 1976, between the City of Wichita Falls, Texas, hereinafter called Lessor, and Mrs. Rudolf Tous D/B/A The Fiesta Inn Motel of Wichita Falls, hereinafter called Lessee. W I T N E S S E T H : WHEREAS, Lessor is the operator of an Airport located in Wichita Falls, Wichita County, Texas, and known as' the Wichita Falls Municipal Airport; and, WHEREAS, Lessee has indicated his desire to obtain certain advertising space in the Airport Terminal Building. NOW, THEREFORE, for and in consideration of the mutual covenants, promises and agreements herein contained, the aforesaid parties hereby agree with each other as follows: I. Lessor does hereby grant to Lessee the right and privilege of display- ing an advertising sign, furnished by Lessee, in the Claim Bag Area of the Terminal Building, the location, size and design to be approved by Lessor; which sign shall contain no rates or charges. Lessor does also hereby grant to Lessee the right to install, at Lessee's expense a direct line telephone to Lessee's answering service and/or reservations desk for the purpose of customer convenience in arranging for room reservations and or courtesy transportation to and from the Airport. II. The term of this lease will be for a period of one (1) year, commencing on the 1st day of June, 1976, and ending on the 31st day of May, 1977. Lessee shall have an option to renew such lease for two (2) successive one (1) year periods, provided that the provisions of said lease shall be subject to re- negotiations at the end of any or each of said one (1) year terms. III. In consideration of the privileges granted to Lessee herein, a total amount of Twenty-Five and No/100 Dollars ($25.00) shall be paid to Lessor in advance each month during the term of this agreement. IV. it is further agreed by and between the parties hereto, after ninety 90) days from the effective date hereof, that either the Lessee or the Lessor shall have the right to terminate this agreement upon thirty (30) days written notice to the other party hereto, and the Lessee does further agree to and with the Lessor that upon the termination of this lease, whether by lapse of time, or under any other conditions or provisions contained herein, the Lessee will peacefully and quietly yield up and surrender the lease premises unto the Lessor. In this event, the rent shall be apportioned as of the date of the termination of this lease. V. Lessee shall, in case of fire or other casualty, which causes damages which interfere with Lessee's use of the premises, give immediate notice in writing to Lessor, who shall thereupon cause the damage to be repaired forthwith, provided materials, supplies and labor are reasonably available. If such damages prevent Lessee's use of the premises, the rent shall be apportioned for the period required to make the repairs. If the entire building shall be destroyed, then within thirty (30) days after the fire, or other casualty, either Lessor or Lessee may cancel this lease by notice in writing to the other, effective as of the date of the mailing of the written notice, except the rent shall be apportioned as of the date of the fire or other casualty. VI. Lessee further agrees to indemnify and hold Lessor harmless for any injuries or damage caused by or brought about by installing, moving, opera- ting or removing said advertising sign and direct line telephone, or in. any .- . other way contributed to by the advertising sign and direct line telephone or operation connected therewith. VII. If default in payment of rent is made by Lessee, or if any other coven- ant herein be breached by Lessee, then Lessor may terminate this agreement and remove Lessee therefrom. 2- IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year above written. CITY OF WICHITA FALLS, TEXAS: BY: Gerald y. Fox, Ciger ATTEST: uc >City Clerk LESSEE: MRS. RUDOLF TOUS D/B/A THE FIESTA INN MOTEL BY: APPROVED AS TO FORM: A 1' AIL H. P.-Hodge, Jai;drAttorney