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Res 1279 3/7/1972RESOLUTION NO. g /79 BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: That certain agreement, a copy of which is attached here- to, between the United States of America and the City of Wichita Falls, and being the Fifth Modification of Lease NOy(R) -40902, which gives the United States the option to renew the lease, of the pro- perty on which the Naval Reserve Training Center is situated, from year to year until June 30, 1993, is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. PASSED AND APPROVED THIS the day of AW-44:449 , 1972 . M A Y O ATTEST: A-6-2-162 City Clerk FIFTH MODIFICATION OF LEASE NOy(R)-40902 BETWEEN THE UNITED STATES OF AMERICA AND THE CITY OF WICHITA FALLS, TEXAS THIS FIFTH MODIFICATION of a lease by and between the United States of America, represented by the Commander, Naval Facilities Engineering Command, acting under the direction of the Secretary of the Navy, hereinafter called the Government, and The City of Wichita Falls, Texas, hereinafter called the Lessor. WITNESSETH: WHEREAS, on the 9th day of December 1946, the parties hereto entered into an agreement whereby the Lessor did rent, lease and demise to the Government certain property; and WHEREAS, the Government and the Lessor have caused said lease to be amended by a First, Section, Third and Fourth Modifications thereto; and WHEREAS, the Government and the Lessor desire to further modify the said lease for the purpose of extending the term of the lease. NOW, THEREFORE, in consideration of the foregoing and of the benefits to the parties hereto, it is mutually agreed that said Lease NOy(R)-40902, as heretofore modified, be and is hereby amended and further modified in the following particulars, and only in the following particulars, to wit: 1. That paragraph 5 be and is hereby amended by deleting the entire paragraph 5 and substituting in lieu thereof the following: 5. This lease may, at the option of the Government, be renewed from year to year at a rental of $1.00 per annum and otherwise upon the terms and conditions herein specified, provided notice be given in writing to the Lessor at least 30 days before this lease or any renewal thereof would otherwise expire; provided that no renewal thereof shall extend the period of occupancy of the premises beyond the 30th day of June 1993. " Except as modified herein, all terms and conditions of the aforesaid Lease NOy(R)-40902 shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have hereunto subscribed their names, this the day of 19 ATTEST: THE CITY OF WICHITA FALLS, TEXAS BY: Name Title ATTEST: THE UNITED STATES OF AMERICA BY Contracting Officer CERTIFICATE I, certify that I am the of the municipal corporation named as Lessor in the above Fifth Modification of the Lease; that who signed said Fifth Modification of the lease on behalf of the Lessor, was then Mayor of said municipal corporation; that said Fifth Modification to the Lease was duly signed for and in behalf of said municipal corporation by authority of its governing body, and is within the scope of its corporate powers. NAME TITLE CORPORATE SEAL) 2