Res 1206 7/6/1971b
RESOLUTION NO. /020(i
WHEREAS, on June 23, 1971 the Wichita Falls City-Wichita
County Board of Health approved a contract between the Wichita Falls
City-Wichita County Board of Health and the Community Action Corpora-
tion of Wichita Falls and North Texas Area concerning the lease of
space in the Public Health Center to be used for a Family Planning
Program. The Board of Health authorized the director of the Public
Health Center to execute the contract, subject to and after the
approval of such contract by the Board of Aldermen of the City of
Wichita Falls and by the Wichita County Commissioners Court, and
also subject to a written statement from a physician stating his
acceptance of appointment as the Medical Director for this Family
Planning Program.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN
OF THE CITY OF WICHITA FALLS, TEXAS, THAT:
The above described contract between the Wichita Falls
City-Wichita County Board of Health and the Community Action Corpora-
tion of Wichita Falls and North Texas Area, a copy of which is attached
hereto, is hereby approved, and the action of the Board of Health in
authorizing the Director to execute the contract is hereby ratified
and confirmed, subject to the receipt of a written statement from a
physician stating his acceptance of appointment as the Medical
Director for this Family Planning Program.
PASSED AND APPROVED THIS the 6th day of July, 1971.
MAYORAYOR
ATTEST:
J21
City Clerk
h.
THE STATE OF TEXAS §
COUNTY OF WICHITA
KNOW ALL MEN BY THESE PRESENTS :
This Agreement of Lease,made and entered into this the
day of 1971, by and between Wichita City-
County Public Board of Health, hereinafter referred to as Lessor,
and Community Action Corporation, hereinafter referred to as
Lessee:
WITNESSETH:
That Lessor does by these presents Lease and Demise unto
Lessee the following described property, lying and being situated
in the City of Wichita Falls, County of Wichita, State of Texas,
and being more particularly described as follows:
One office and a shared locked storeroom with shared
priorities as outlined, and use of facilities of
Wichita City-County Public Health Center, as depicted
and outlined in red and blue on the plat attached
hereto and made a part hereof.
for a term beginning on the 1st day of June, 1971, and ending on
the 28th day of February, 1972 , to be occupied for the purpose of
conducting Lessee' s Family Planning Program and services only (and
said demised premises are to be used in no other manner and for no
other purposes whatsoever without the prior written consent of
Lessor) , yielding and paying therefor the sum of $7,800.00 yearly,
payable in equal monthly installments of $650.00 each on the first
day of each month, the first of such payments to be made on the first
day of June, 1971, and at the same rate for any part of a month
unexpired at the legal determination of this lease, upon the follow-
ing terms , conditions and covenants:
1st: - Lessee shall pay the rent at the Wichita City-
County Public Health Center, 1700 Third Street, WichitaFalls, Texas,
monthly in advance as aforesaid, as the same shall fall due, as
defined under condition and covenant #13 of this agreement.
2nd: - The Family Planning Program is to be operated at
the Wichita City-County Public Health Center Building and shall at
no time interfere with, the duties of the Wichita City-County Public
Health Center nor its employees, and in the event there is a conflict,
such conflict shall be resolved by the Director of the Wichita City-
County Public Health Center. The Medical Director of the Family
Planning Program shall cooperate with the Director of the Wichita
City-County Public Health Center in preventing any such interference.
Any such interference shall be cause for the Director of the Wichita
City-County Public Health Center to cancel this contract immediately
and Community Action Corporation shall have a reasonable time to
remove any and all of its property and equipment.
3rd: - The Health Center shall provide a one-room office
for the Nurse Director and secretary of the Lessee' s Family Planning
Program; office furniture for this room will be provided by the
Health Center.
4th: Lessor shall provide space as needed and available
for the clinical sessions of the Family Planning Program. Lessor
will share space as available in the waiting area for patients, use
of reception desk in clinical area, interview room or rooms as
available, and examination rooms (the Director of the Wichita City-
County Public Health Center, at his discretion, shall allow use of
one or more of these examination moms, depending on whether or not
they are needed by Lessor) . A shared locked storage area for supplies
and equipment shall be shared by Lessor and Lessee, with priorities
as outlined.
5th: - Lessee will provide their own telephones and pay
their own telephone statements.
6th: - Lessee will provide all necessary supplies and minor
equipment for operating a clinic. This will include disposable drapes
for patients, paper rolls for examination tables, solutions for cold
sterilization, sphygmomanometers, stethoscopes, speculums, etc.
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7th: - Lessor will assume no responsibility in administer-
ing, supervising or conducting the Lessee' s Family Planning Program.
The Family Planning Program shall be under the direct supervision of a
doctor of medicine who is a member in good standing of the Wichita
County Medical Association, hereinafter called Medical Director, who
shall be responsible for the proper carrying out of the professional
activities involved in the program. The Registered Nurse Director
will be responsible to the Medical Director supervising the program
for professional services to patients in the Family Planning Program
and the conduct of Family Planning personnel and patients and care
of provided office and clinic space. There must always be a doctor
of medicine present during all clinical sessions, responsible for the
program. Any change in the Medical Director of the program shall be
communicated by Lessee to Lessor immediately and confirmed in writing
within 72 hours. In the absence of the assigned nurse, no Family
Planning clinic shall be held in the building of the Wichita City-
County Public Health Center. The Family Planning personnel will
leave the waiting rooms and clinic area in a clean and orderly manner
following all Family Planning clinical activities.
8th: - The office space and shared locked storage area
will be provided on a full-time basis, with the clinical space and
waiting areas provided one day a week with one evening clinic a month.
The assigned nurse will assume responsibility at the evening clinic
to see that the building is properly protected and cared for during
clinical sessions and is locked following clinical activities.
9th: - The Lessee will be responsible for manning all clinic
and office space obtained.
10th: - The Lessee will be responsible for repairing or
replacing items lost through breakage or pillage during the time
period when clinics are being conducted.
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11th: - Personnel employed by the Lessee, and participants
in the Family Planning Clinic, will abide by general standards of
conduct required by employees and patients of the Health Unit.
12th: - Employees of Lessee will wear uniforms, different
from those worn by Health Center personnel, at all times while in the
Health Center. Their dress will be neat, clean and in good taste.
13th: - The Lessor will provide clinical space and one
office to Lessee at a cost agreed upon by Lessee and Lessor. This
cost will be used as a contribution to the program as local match-
ing funds .
14th: - Lessee shall, at its own expense and cost, through-
out the term of this lease, and so long as it shall remain in possession
of the demised premises, keep and maintain in good repair, all por-
tions of the building or buildings located upon the demised premises
except the roof as hereinafter provided) including all fixtures and
equipment, appurtenances and machinery therein which are wrought into
and become a part of the real estate, and all glass, including, but
not limited to, plate glass, window panes, etc. ; furthermore, Lessee
shall keep the plumbing work, closets, pipes and fixtures belonging
thereto in good repair, and keep the water pipes and connections free
from ice and all other obstructions, to the satisfaction of the muni-
cipal, police and any other governmental authority, during the term
of this lease. Lessee shall not overload the carrying capacity of the
floors of the demised premises. Likewise, it shall be the obligation
of Lessee to keep and maintain in good repair, the sidewalks, drive-
ways and curbs, if any, adjoining the demised premises, or forming a
part thereof. However, it is distinctly understood and agreed that
the preceding sentences do not require maintenance of said building or
buildings and fixtures, equipment, appurtenances and machinery in
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perfect condition or a condition equal to new, but Lessee shall
at all times keep and maintain the same in such condition as to
minimize, so far as is practicable, by usual care and repairs,
the effects of use, decay, injury and destruction of said property,
Lessor recognizing that certain depreciation by reason of increas-
ing age and use is unavoidable. Lessee, so long as it shall remain
in possession of the demised premises, shall keep and maintain
all portions of the premises, the improvements thereon, the appur-
tenances, machinery, equipment, and fixtures therein, in such con-
dition as to prevent any loss, damage or injury tothe persons,
property, businesses, business or occupations of any other persons
permitted by Lessee to be in or about the leased premises, owners,
occupants and invitees of adjoining premises, and persons upon the
adjacent portions of the street in front and the alley in rear of
the demised premises. At the termination of this lease, Lessee
shall deliver up the demised premises in as good condition as at
the beginning of the term, natural deterioration and depreciation
and damage by fire and the elements only excepted.
15th: - Lessee agrees to accept possession of the demised
premises in their present condition, and to allow for changes in
such condition which may occur by reasonable deterioration between
the date hereof, and the date that Lessee actually occupies said
premises.
16th: - All property of every kind which may be on said
demised premises during the term hereof, shall be at the sole : risk
of Lessee or those claiming under him and the Lessor shall not be
liable to Lessee, or to any other person whatsoever, for any injury,
loss or damage to any person or property in or upon said demised
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IL
premises, or upon the sidewalks and alleyways contiguous thereto.
Lessee hereby covenants and agrees to assume all liability for or
on account of any injury, loss or damage above described, and to
save Lessor harmless therefrom. Furthermore, Lessor shall not be
liable to Lessee or to Lessee' s patrons, employees, licensees,
permittees, or visitors , for any damages to person or property
caused by the act or negligence of any other tenant of said demised
premises, or due to the building on said 'premises or any appurte-
nances thereof being improperly constructed, or being or becoming
out of repair, nor for any damages from any defects or want of re-
pair of any part of the building of which the demised premises
form a part, but Lessee accepts said premises as wholly suitable
for the purposes for which same are leased and accepts the building
and each and every appurtenance thereof and waives defects therein,
and further agrees to hold Lessor harmless from all claims for any
such damage. It is further especially understood and agreed that
Lessor shall not be liable for any failure of water supply, gas
supply, or electric current, or for injury or damage which may be
sustained to person or property by Lessee or any other person,
caused by or resulting from steam, electricity, gas, water, rain,
ice or by snow or other liquid, which may leak or flow from or into
any part of said building or caused by the breakage, leakage,
obstruction or other defect of pipes, wiring, appliances, plate
glass, plumbing or lighting fixtures of the same, or by the condi-
tion of said premises or any part thereof, or by the elevator, if
any, or by the street or sub-surface or from any other source or
by any other cause whatsoever, whether the said damage or injury
shall be caused by or be due to the negligence of Lessor, Lessor' s
agent, servant, employee or not, nor shall Lessor be liable for
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interference with light or other incorporeal hereditaments, pro- '
vided such interference is caused by any one other than the land-
lord, nor shall Lessor be liable for such interference from
operations by or for governmental agencies in construction of any
public or quasi-public work.
17th: - Lessee shall pay the water tax imposed upon the
demised premises as the same shall become due during the term of
this lease.
18th: - Lessee agrees that it promptly will execute and
fulfill all ordinances and regulations of the state, county, city
and other governmental agencies applicable to said demised premises,
and all ordinances imposed by the Board of Health, Sanitary and
Police Departments for the correction, prevention and abatement
of nuisances in or upon or connected with said demised premises
during the term of this lease, at Lessee's sole expense and cost.
19th: - Lessee shall not assign this agreement, nor underlet
the whole or any part of the demised premises, or make any altera-
tion in or to the building without the consent of Lessor first
obtained in writing, and shall not occupy or permit or suffer the
same to be occupied for any business or purpose deemed extrahazard-
ous on account of fire; and it shall be lawful for Lessor at all
reasonable times and hours to enter into and upon said demised
premises to examine the condition thereof.
20th: - Lessee shall, in case of fire or other casualty,
give immediate notice in writing to Lessor, who shall thereupon
cause the damage to be repaired forthwith, provided materials, sup-
plies and labor are reasonably available; if any portion of the
premises is rendered unfit for occupancy, the rest shall be apportioned
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for the period of time required to make the repairs, according
to the part of the premises, if any, which remains usable by
Lessee. If the entire building shall be destroyed, then within
thirty 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 that the rent shall be apportioned as of the date of the
fire or other casualty.
21st: - Lessee shall not place, paint or otherwise affix
any signs at, on or about the premises, or any part thereof, except
as and where first approved in writing by Lessor; and Lessor shall
have the right to remove any sign or signs in order to paint the
building or premises or make any other repairs or alterations, but
nothing herein shall be construed to require or obligate Lessor, at
any time or in any manner, to paint the building or premises or make
any other repairs or alterations; Provided However, that it is
distinctly understood and agreed by and between Lessor and Lessee
that Lessor expressly reserves and retains unto Lessor the surface
of the roof of the demised premises for erection and maintenance
thereon, by Lessor or by any organized advertising agency authorized
by Lessor, of sign or signs, advertising the business or products
of Lessor or of any other person, firm or organization, save and
except such products or person, firm or organization as may be in
active and direct competition with the business and products of
Lessee; and Lessor, at all reasonable times and hours, shall have
the right of ingress and egress to and from said roof, for the
purpose of erecting and maintaining such sign or signs, provided,
however,that the exercising of such rights of ingress and egress
by Lessor shall not interfere materially with the normal operations
of Lessee' s business.
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22nd: - In the event of a breach or threatened breach
by Lessee of any of the agreements, conditions, covenants or terms
hereof, Lessor shall have the right of injunction to restrain the
same,
and the right to invoke any remedy allowed by law or in
equity, as if specific remedies, indemnity or reimbursements were
not herein provided for. Furthermore, the rights and remedies
given to Lessor in this lease are distinct, separate and cumulative
rights and remedies and no one of them, whether or not exercised by
Lessor shall be deemed to be in exclusion of any of the others.
23rd: The agreements, conditions, covenants and terms
herein contained, shall in every case, apply to, be binding upon
and inure to the benefit of the respective parties hereto, their
heirs, executors, administrators, successors and assigns, with the
same force and effect, as if specifically mentioned in each instance
where a party hereto is named,provided, however, that no assignment
or under-letting by Lessee in violation of the provisions of this
lease,
shall vest in any such assignee or under-tenant any right
or title in or to the leasehold estate hereby created.
24th: No assent, express or implied, by Lessor to any
breach of any of Lessee's covenants, agreements, conditions or terms
hereof,
shall be deemed or taken to be a waiver of any succeeding
breach of any covenant, agreement, condition or term hereof.
25th: - It is especially understood and agreed that
boilers, engines, machinery, hangers, pulleys, shafting and fixtures
and all personal property placed on the demised premises by the
Lessee may be removed by Lessee at the termination of this lease,
provided Lessee shall not then be in default of the performance
of any of its agreements, conditions, covenants or terms hereof,
and provided further, that the building shall be left by Lessee,
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substantially as well equipped as it is at the beginning of the
term, and provided further, that no such property shall be removed
by Lessee if such removal would permanently injure or dismantle
said building, and provided further that the removal of any such
property shall be effected within five (5) days after the expira-
tion of the said term, and all damage caused to said premises by
such removal shall be repaired by Lessee at its own cost and
expense.
26th: - Lessee shall not make alterations, additions
or improvements to the demised premises or the building thereon,
without the prior written consent of Lessor, and after such con-
sent has been given, unless otherwise agreed upon in writing, all
alterations, improvements and additions made by Lessee upon the
demised premises, although at its own cost and expense, shall, at
the option of Lessor, remain upon the premises at the expiration of
this lease and become the property of Lessor in fee simple, without
other action or process of law.
27th: - In the event Lessee shall make default in the
performance of any of the agreements, condition, covenant or term
herein contained, Lessor, immediately, or any time thereafter (no
obligation, however, being imposed upon Lessor, to do so) may per-
form the same for the account of Lessee, and any amount paid or
any expense or liability incurred by Lessor in the performance of
the same, shall be deemed to be additional rent payable by Lessee
for the demised premises, together with six percent (6/) interest
thereon from the date of payment by the Lessor to the date of
repayment, and the same, at the option of Lessor, may be added to
any fixed rent then due or thereafter falling due hereunder; and
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Lessor shall have the right to enter the said demised premises
for the purpose of correcting or remedying said default and to
remain therein until the same shall have been corrected or
remedied.
28th: - Lessor shall have a statutory landlord' s lien
as security for the fixed rent herein reserved, as well as any of
the other charges or expenses elsewhere hereinabove or hereinafter
designated as "additional rent" upon all of the goods, wares
chattels, implements, fixtures, furniture, tools, machinery and
other personal property which Lessee now or at any time hereafter
placed in or upon the demised premises, all exemptions of said
property or any part of it, being hereby waived.
29th: - Lessee hereby especially covenants and agrees
that this lease shall be subject and subordinate to any mortgage
or mortgages now on the demised premises.
30th: - Lessor hereby covenants and agrees that Lessee
shall and will, upon payment of all of the rents and all other sums
of money herein provided to be paid by Lessee, upon fully observing
and performing the covenants and agreements herein provided to
be observed and performed by Lessee, quietly and peaceably possess
and enjoy said above demised premises, unless said lease be sooner
terminated under and in accordance with any of the provisions herein
elsewhere contained providing for such termination.
31st: - If any of the fixed rent herein reserved or any
of the other charges or expenses hereinabove designated as "addi-
tional rent" , or any of the taxes, assessments, charges, or other
sums of money to be paid by Lessee shall not be paid as and when
the same become due and payable, or if Lessee shall default in the
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performance of any of the other agreements, conditions, covenants
or terms herein contained, or if Lessee shall abandon the demised
premises for a period of five days or more, or if a petition or
answer for reorganization of Lessee or the then owner of Lessee' s
interest hereunder, shall be approved by any court or judge thereof,
or if Lessee, or the then owner of Lessee' s interest hereunder shall
make a general assignment for the benefit of creditors, or shall
take any benefit under any insolvency or bankruptcy act, or have a
receiver or trustee or other fiduciary appointed for its property,
or if Lessee' s leasehold interest shall be taken on execution or
other process of law, or if this lease, or the estate of Lessee
hereunder, shall be transferred to pass to or devolve upon any
other person, firm, association or corporation, except in the,
manner provided hereunder, then and in any of said events, Lessor,
or those claiming under him, may, immediately, or at any time
thereafter, have the right to terminate and end this lease, and
the term hereby granted, as well as all of the riot, title and
interest of Lessee hereunder, by giving Lessee ten (10) days notice
in writing, and it is agreed that upon the expiration of the term
fixed in such notice, if the said non-payment, default or other
cause of termination specified in such notice shall not have been
made good or removed, this lease and the term hereby granted and
created, as well as all of the right, title and interest of Lessee
hereunder, shall, at the option of Lessor, or those claiming under
him, wholly cease and expire, in the same manner and with the same
force and effect as if the expiration of time in such notice were
the end of the term herein originally demised; and Lessor, or those
claiming under him, may immediately, or at any time thereafter, and
without further notice or demand, enter into and upon the same
premises or any part thereof, in the name of the whole, and repossess
the same as of his first and former estate, and expel the Lessee
and those claiming under him, and remove its or their effects
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forcibly, if necessary) , without being taken or deemed guilty
of any manner of trespass, and without prejudice to any remedies
which might otherwise be used for arrears of rent or preceding
breach of covenant, and that upon entry as aforesaid, said lease
shall be determined; and Lessee agrees that, notwithstanding the
termination of this lease and possession regained by Lessor, he
will indemnify Lessor against all loss of rent which may accrue
to him, by reason of such termination, during the remainder of
the term aforesaid.
In the event Lessor does not exercise the rights herein-
above given him, he may accept rent from the receiver, trustee or
other officer in possession thereof, for the term of such occupancy
without impairing or affecting in any way the rights of Lessor
against Lessee hereunder. Any neglect or failure to enforce the
right of forfeiture of this lease or re-entry upon breach of any
of the conditions, covenants, terms and agreements herein contained,
shall not be deemed a waiver of such right upon any subsequent breach
of any such or any other condition, covenant, term and/or agree-
ment herein contained.
32nd: - Anything herein contained to the contrary not-
withstanding, Lessor covenants and agrees to maintain the roof of
the building on the demised premises , in good repair, but Lessor
shall not be liable to Lessee for any damages resulting from leaks
in the roof, unless and until written notice of the existence and
approximate location of such leaks has been received by Lessor or
his agent, and five (5) days ' time allowed for making needed repairs
in the defective roof after receipt of said notice.
33rd: - It is especially understood and agreed by and
between Lessor and Lessee that in the event the demised premises
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l
are condemned for public use by any governmental agency, munici-
pal, county, State or Federal, this lease shall cease and terminate
and be of no further effect, and Lessee shall have no claim or
demand of any kind or character in and to any award made to Lessor
by reason of such condemnation.
34th: - It is expressly understood and agreed by and
between 'Lessor and Lessee that in the event that Lessor herein
shall not be the owner of the premises herein demised, but shall
hold a lease of the property of which the demised premises are a
part, then the resulting sub-lease is and shall remain subject to
all of the terms and conditions of such existing lease to Lessor,
so far as they may be applicable to the premises herein demised.
35th: - At all times during the term of this lease,
Lessor shall have the right, by himself, his agents and employees,
to enter into and upon the demised premises during reasonable busi-
ness hours for the purpose of examining and inspecting the same
and determining whether Lessee shall have complied with all of its
obligations hereunder in respect to the care and maintenance of the
premises, the repair and rebuilding of the improvements thereon
when necessary, and all other terms and conditions hereof.
36th: - Lessee especially covenants and agrees to pay
and discharge all reasonable costs, attorneys ' fees, and expenses
that may be incurred by Lessor in enforcing the covenants , agree-
ments, conditions and terms hereof, and all of the same shall be
payable to Lessor in Wichita Falls, Wichita County,Texas.
37th: - Lessee shall have no power to do any act or to
make any contract that may create or be the foundation for any lien
upon the present or other estate of the leasehold and demised
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premises, or upon any of the buildings or improvements thereon,
except as herein elsewhere specifically provided; and should any
such lien be created or filed, Lessee, at his own cost and expense,
shall liquidate and discharge the same in full within ten (10) days
next after the filing thereof, and should Lessee fail to discharge
the same, that shall constitute a breach of Lessee's covenant
herein.
38th: - Lessee agrees that in taking this lease, he is
governed by his own inspection of the premises and his own judg-
ment of their desirability for its purposes, and has not been
governed or influenced by any representation of Lessor as to the
condition and character of the building upon the premises, or as
to the earning capacity thereof; that no agreements, stipulations,
reservations, exceptions, or conditions whatsoever have been made
or entered into in regard to said premises or this lease, which
will in any way vary, contradict or impair the validity of this
lease or of any of its terms and conditions, and that no modifica-
tion of this lease shall be binding unless it be in writing and
executed and acknowledged in due form for recording by all of the
parties hereto. Furthermore, Lessee takes this lease and the
demised premises subject to all recorded easements and restrictions
affecting the occupation and use thereof, and subject to all statutes,
ordinances and regulations of competent governmental authority
affecting the occupancy and use thereof, the construction and main-
tenance of improvements thereof, and the businesses and occupations
to be engaged in by Lessee, in force now and subsequently during
the term of this lease.
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39th: - Any word, group of words , phrase, sentence,
paragraph or provision herein prohibited by law, or decision by
a court of final jurisdiction shall be ineffective to the extent
of such prohibition without invalidating the remaining provisions
hereof.
40th: - Whenever any payment is to be made under this
lease, at or within a time stated, and whenever any act is to be
done under this lease, by either party, at, or within a stated
time, time shall be of the essence of this agreement.
41st: - Any notice from Lessor to Lessee relating to
the demised premises , or to the occupancy thereof, shall be duly
served if addressed to Lessee by United States Registered Mail,
Return Receipt Requested, to Community Action Corporation, 602
Broad Street, Wichita Falls, Texas . Any notice from Lessee to
Lessor shall be sent by United States Registered Mail, Return
Receipt Requested, to Wichita City-County Public Health Center,
1700 Third Street, Wichita Falls , Texas .
42nd: - It is distinctly understood and agreed by and
between the Lessor and the Lessee that any holding over by Lessee
of the herein demised premises after the expiration of this Lease
shall operate and be construed only as a tenancy from month to
month, terminable at the will of Lessor, at a monthly rental of '
650.00.
43rd: - It shall be lawful for Lessor, or his agents,
at any time within sixty days before the expiration of the term of
this lease, to enter upon the demised premises and to affix upon
any suitable part thereof a notice or notices for the leasing of
same, and the Lessee agrees not to remove any such notice or notices
or permit any of its employees , licensees or rermittces to remove
the same.
44th: - Provided Lessee has not defaulted in any of the
terms, conditions and provisions hereof, Lessee shall have the
privilege of renewing and extending the term hereof for a period
of one year, beginning on the 1st day of March, 1972 , and terminat-
ing on the 28th day of February, 1973, upon the same terms, condi-
tions and provisions hereof, except that such renewal and extension
shall contain no further option or renewal privilege. Provided,
however, that in order to exercise this option, Lessee shall and
must give Lessor written notice by United States Registered Mail,
Return Receipt Requested, of his intention to exercise said option
no later than the 31st day of December, 1971, and Lessor shall advise
receipt by January 31, 1972, if said renewal is approved and accepted.
45th: - It is expressly understood and agreed by Lessor
and Lessee that either party shall have the right to cancel this lease
by giving the other party thirty (30) days ' notice in writing of such
termination by mailing by United States Registered Mail, Return
Receipt Requested, to the party' s office address as stated in para-
graph 41.
46th: - Community Action Corporation agrees to indemnify
and hold harmless the City of Wichita Falls, the Wichita City-County
Public Health Center, the Wichita City-County Public Board of Health
and Wichita County against any and all liabilities for injury to
person or persons, or damages to property, caused by their Family
Planning Program activities; and further state that, by execution
of this contract, they will make the City of Wichita Falls, the
Wichita City-County Public Health Center, the Wichita City-County
Public Board of Health and Wichita County co-insured and that they
will have liability insurance in at least the amount of $100,000/
300,000 bodily injury and $5, 000 property damage. A copy of said
insurance certificate must be furnished to Dr. Charles Parker,
Director of the Wichita City-County Public Health Center, not later
than June 15, 1971.
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IN TESTIMONY WHEREOF, the parties to this Agreement
have hereunto set their hands to duplicate originals, the day and
year first above written, after having first' noted and approved
all erasures, interlineations, insertions, strike-outs and strike-
overs.
WICHITA CITY-COUNTY PUBLIC
BOARD OF HEALTH, Lessor
By
COMMUNITY ACTION CORPORATION,
Lessee
By
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