Res 1504 2/5/1974RESOLUTION NO.
RESOLUTION APPROVING LEASE AGREEMENT
WITH DALE RICE FOR PARKING AREA.
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
Dale Rice, d/b/a Rice Auto Parts, wherein City leases
certain property to Rice for a parking area, is hereby
approved, and the City Manager is authorized to execute
the same for the City of Wichita Falls.
PASSED AND APPROVED THIS THE 5TH DAY OF FEBRUARY,
1974.
M A Y O R
ATTEST:
CITY CLERK
STATE OF TEXAS
COUNTY OF WICHITA
LEASE AGREEMENT
This lease agreement made and entered into this the
day of February, 1974 , by and between the City of Wichita Falls,
Texas, hereinafter called City, and Dale Rice, doing business as
Rice Auto Parts, hereinafter called Rice,
WITNESSETH:
In consideration of the rents and covenants hereinafter con-
tained on the part of Rice to be kept and performed, City does
hereby lease and let unto Rice the following described properties
situated in Wichita County, Texas, to-wit:
A tract of land out of Lots 18 and 19, Block 21,
Hillcrest Addition to the City of Wichita Falls,
Texas, described as follows:
BEGINNING at the intersection of the East R.O.W.
line of the Jacksboro Highway and the South line of a
15. 0 foot wide alley in Block 21, Hillcrest Addition;
Thence east 70. 0 feet;
Thence south 75. 0 feet along the East line of
said Lot 19 to a point 28 . 5 feet north of the back
of existing curb on Midwestern Parkway;
Thence west 20. 0 feet;
Thence in a northwesterly direction 78. 5 feet
along a 50. 0 foot radius curve to the right to a
point in the East R.O.W. line of Jacksboro Highway;
Thence north 25. 0 feet to the place of beginning,
and containing 4 ,114 square feet of land, more or less.
This lease shall be for a term of five years, beginning on
February 15, 1974 , and ending on February 14, 1979. Rice shall
have the option to renew and extend this lease for an additional
five year period, beginning on February 15, 1979 and ending on
February 14 , 1984; this option may be exercised by Rice by giving
City written notice not less than sixty days prior to the end
of the primary term of this lease. The five year renewal will
be on the same terms and conditions as the original term, except
as is hereinafter set out.
Rice shall pay to City rent for this lease at the sum of
600. 00 per year; the rental will be payable annually in advance
on the 15th day of February of each year of the lease.
It is understood and agreed that no curb cuts will be allowed
for access to either Midwestern Parkway or Jacksboro Highway;
access to the leased premises must be obtained from the existing
alley approach.
It is understood and agreed that Rice and City will pay for
the paving, as abutting property owners, of that portion of the
alley abutting the leased premises, which paving shall be done to
City minimum standards.
A parking plan for the leased premises must be prepared by
Rice and approved by City' s Traffic Department. A setback from
the property line will be required by City only at the intersec-
tion of Midwestern Parkway and Jacksboro Highway to provide proper
sight clearance.
It is understood and agreed that the leased premises shall be
used only for parking, with no structures or signs allowed on the
property or right-or-way.
It is agreed that the parking lot on the leased premises shall
be paved by Rice with an all-weather surface.
In the event Rice exercises his option to renew the lease,
then during the five year renewal period City shall have the right
to terminate the lease by giving twelve months written notice of
such termination, if the leased premises are needed for any public
purpose. This lease shall not be assigned nor subleased to any
other person except with the written approval of the City.
If Rice fails to make any rental payment within thirty days
after the same becomes due, City shall have the right to terminate
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this lease. In the event Rice breaches any of the other cov-
enants contained herein, and such breach is not remedied within
thirty days after City gives Rice written notice to do so, City
may terminate this lease.
IN WITNESS WHEREOF, the parties hereto have caused these
presents to be executed as of the day and year first above
written.
CITY OF WICHITA FALLS, TEXAS
By:
Gerald G. Fox, City Manager
ATTEST:
City Clerk
Dale Rice
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