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Res 113-2002 11/5/2002RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH THE UNITED STATES OF AMERICA ACTING THROUGH ITS GENERAL SERVICES ADMINISTRATION (GSA) FOR OFFICE FLOOR SPACE AT WICHITA FALLS MUNICIPAL AIRPORT; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. WHEREAS, the United States of America, acting through its General Services Administration (GSA), desires to lease certain office floor space at the Wichita Falls Municipal Airport to be used by the Transportation Security Administration (TSA); and WHEREAS, the City of Wichita Falls desires to lease to the GSA approximately 405 square feet of office space in the Municipal Airport terminal building for an initial term of 36 months and at the rate of $500 per month. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1. The City Manager is hereby authorized to execute the attached lease agreement with the General Services Administration (GSA) for certain office floor space at the Wichita Falls Municipal Airport to be used by the Transportation Security Administration (TSA) as described above. SECTION 2. It is hereby officially found and determined that the meeting at which this resolution was passed was open to the public as required by law. PASSED AND APPROVED this the 5th day of November 2002. ATTEST: GSA/ WICHITA FALLS MUNICIPAL AIRPORT LEASE STATE OF TEXAS § COUNTY OF WICHITA § This Lease, made the 6th day of November 2002, between the City of Wichita Falls, Texas, a municipal corporation, as Lessor, and the United States of America acting through its General Services Administration (GSA), as Lessee. WITNESSETH: That Lessor does hereby demise and lease unto Lessee, approximately 405 square feet of office floor space in the building known as the Wichita Falls Municipal Airport Terminal, located at 4000 Armstrong Drive, in the City of Wichita Falls, Texas; said premises to be utilized as office space by the TSA, to have and to hold the same for the term of thirty-six (3 6) months beginning the 1 st day of November 2002; Lessee yielding and paying to Lessor rent in arrears as required by federal law, at the rate of Eighteen Thousand ($18,000) Dollars for the full rate term, to be paid in equal installments of Five Hundred Dollars ($500.00) on the first of each month, the first of such payments to be made on the 1 st day of December 2002, and at the same rate for any part of a month unexpired at the legal termination of this Lease. Lessee covenants with Lessor as follows: 1. Lessee agrees to pay the rent at the times and in the manner aforesaid. 2. Lessee agrees it will keep all and singular the said premises in such repair as the same is in at the commencement of the term, or may be 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 it will not make or suffer any additions or alterations in or to the premises without the written consent of Lessor. 4. Lessee agrees it will not make or suffer any waste on the premises and will not suffer any holes to be drilled or made in the stone or brickwork, or placard to be placed on any of the 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 herein specified. 5. Lessee agrees to conform to such reasonable regulations as may be established from time to time by Lessor for general convenience of the tenants of the building. 6. Lessee agrees that any heating or lighting apparatus which may be used in the premises shall be 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 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 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 unencumbered, and in good tenantable order and condition. 9. Lessor hereby agrees to pay for the electricity, water and gas bills for said space, and to maintain such systems as may be reasonably necessary; however, in no event shall Lessor be liable for the failure to furnish such services. 10. In the event the building or any part thereof shall at any time during said term be damaged by fire, flood, tornado or other casualty so as to be unfit for use and occupation, as determined by the City, the rent is hereby reserved, or a proportionate part thereof, according to the nature and extent of the damage sustained, shall be abated until the premises shall have been restored by Lessor, or the Lease may be terminated at the election of Lessor or Lessee. Lessor shall not be liable to or responsible for providing any additional space for Lessee to occupy during such time the leased premises is damaged. 11. Lessee shall have the right to remove only those items which are not attached or bolted to the building or any part thereof, and any items that have not been purchased by City of Wichita Falls. 12. 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 trespass of any kind or character, for terminating this Lease under the provisions herein. 13. 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 premises. Lessee shall be solely responsible for any injuries incurred by its guests, employees, or licensees, and to the extent permitted by applicable law, shall forever release and hold harmless Lessor from all costs involved as a result of said injuries. 14. Lessor agrees to provide at no cost to Lessee, the labor for the janitorial and clean -up services for said space. 15. 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. 16. The opinion of the majority of the City Council of the City of Wichita Falls, Texas, as to the necessity of cancellation of this Lease or any renewal thereof or refusal to renew shall be conclusive upon the parties hereto. 17. This Lease may be renewed for successive one -year periods at the option of the City of Wichita Falls as determined by the City Manager. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be signed on the date first above stated. Attest: City Clerk Attest: Un City of Wichita Falls, Texas James Berzina, City Manager General Services Administration (GSA)