Loading...
Res 073-2018 Lake Kickapoo Hunting Lease 7/17/2018 Resolution No. 73-2018 Resolution awarding/rejecting bids for two city owned parcels in Archer County at Lake Kickapoo for the Purpose of Hunting to the highest bidder beginning July 17, 2018 and expiring on May 312021 , WHEREAS, the City advertised and requested bids for hunting leases on two tracts of land at Lake Kickapoo, and bids were received and publicly opened in the Council Chambers at 3:15 PM, on June 15, 2018; and, WHEREAS, no bids were received for the Kickapoo South hunting lease, and, WHEREAS, the City Council desires to generate additional revenue by leasing said land for the purpose of hunting; and, WHEREAS, Council has considered all bids received for the leases. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: 1. Bids for the Lake Kickapoo hunting leases are awarded as follows, Kickapoo $26,907.99 North to Randy Bell / Real Capital Investments in the annual amount of and the City Manager is authorized to execute a lease agreement with the winning bidder in the Hunting Lease Agreement form attached hereto as , with addition of property descriptions and changes to form as approved by the City Attorney 2. If any awarded bidder fails to execute lease agreements for the leases provided herein, the City Manager is authorized to execute a lease agreement with the next highest bidder(s) for the lease in accordance with the bid specifications. th PASSED AND APPROVED this the 17 day of July, 2018. ______________________________ M A Y O R ATTEST: ____________________ City Clerk HLA UNTING EASE GREEMENT 1,328.79AT-LKNGL CRE RACT AKE ICKAPOO ORTH RAZING EASE STATEOFTEXAS § COUNTYOFWICHITA § 17thJuly, 2018 THIS LEASE is entered into as of the day of , by the City of Wichita Falls, Real Capital Investments I, LLC, 4514 Cole Ave., Suite 600, Dallas, LAP. 1. Landlord owns property which is primarily leased for EASE ND REMISES purposes of livestock grazing. Landlord wishes to lease premise to Hunter for the purpose of hunting only. Landlord, in consideration of the rents and agreements herein to be performed by Hunters, leases to Hunters, and Hunters hereby lease from Landlord, all that certain lot, tract, or parcel of land situated in Archer County, Texas, north side of the lake at Lake Kickapoo, said tract being known as Lake Kickapoo North Grazing Lease (North) All City land on the North Side of Lake Kickapoo between the high-water mark, elevation 1045, and the City property line in the following tracts: 9.76 acres, J. C. Phelan Survey, Abstract 336 19.86 acres, B.B.B. & C.R.R. Survey, Abstract 42 64.85 acres, J.C. Phelan Survey, Abstract 336 33.63 acres, William Mayer Survey, Abstract 272 412.17 acres, Torebio Losoya Survey, Abstract 257 117.07 acres, Hooper & Wade Survey, Abstract 689 252.28 acres, M.E.P.R.R. Survey, Abstract 296 419.17 acres, C. Spaulding Survey, Abstract 388 and J. M. Taylor Survey, Abstract 649 Said tracts of land contain a total of 1,328.79 acres. 2.T. This lease shall be for a term of 2 years, 10 months, 13 days, commencing July 17, ERM 2018 and ending on May 31, 2021. 3.R. Hunters shall pay Landlord rental at the rate of $20.25 per acre per year, the same ENT being equal to $26,907.99 per year. This rental shall be payable annually and in advance on or before the beginning of each lease year. Failure to pay by date due will result in termination.The initial rent payment shall be prorated from the date of this lease to the next June 1 due date, and will be due upon execution of this agreement. Each annual rent payment thereafter will be due on or before June 1 of each succeeding year thereafter until the termination of this lease. 4.P. This agreement is strictly limited to the use of Leased Premises for hunting, and URPOSE notwithstanding anything contained herein to the contrary, Hunters have no other rights to the use of the property. Guests and family members are not allowed onto Leased Premises without being accompanied by one or more Hunters. All game and non-game animals may be taken as per Texas Parks and Wildlife season and bag limit restrictions. Hunting of waterfowl is prohibited. 5.C. Hunters shall take proper care of the Leased Premises and all other improvements ARE located thereon, and shall be liable to Landlord for any damages caused to domestic livestock, fences, or other property of Landlord or his agent due to the activities of Hunters or their guests exercising privileges under this agreement. Hunters may not cut or damage trees, crops, roads, dwellings, fences, buildings or other property on the land. Hunters may not chase deer or other game with the use of motorized vehicles. Hunters shall not shoot a firearm from a vehicle. Hunters agree to repair any damages they cause and to return Leased Premises to Landlord in 6.DS. Hunters shall be permitted to have not more than 10 deer stands on Leased EER TANDS Premises. Hunters may not drive nails or other metal objects into trees for building deer stands or any other purpose. Any deer stands built should be temporary stand-alone stands or constructed in such a way as not to damage trees or other property, and are to be removed upon cancellation or expiration of this Agreement. Any deer stand remaining on Leased Premises at the termination of this Agreement will become the property of Landlord. Hunters will tell Landlord in writing where each deer stand is located. 7.F. Hunters shall be permitted to utilize not more than 10 feeders on Leased Premises. EEDERS Hunters may or may not have grazing rights to Leased Premises and as such, Hunters have the option to enclose each authorized deer feeder in a 20 foot by 20 foot enclosure. Such where each feeder is located. Hunters may not plant deer feed on Leased Premises. 8. T&F. Hunters agree to help protect said lands from trespass and fire. Hunters RESPASS IRE will make an effort to put out, suppress or report any wildfires that may occur on the property. Hunters will report any violations of Texas Park and Wildlife and Texas Penal Code laws and regulations and will assist law enforcement officers investigating any violations. 9.WL. Hunters shall strictly observe all wildlife laws whether state, federal, or ILDLIFE AWS local. Hunters will have a valid Texas hunting license while hunting on the property and will be responsible for any other licenses required by the State of Texas such as the Hunting Lease License. 10. HU. UNTING SE and is not to be used for the grazing of livestock agricultural use, harvesting of timber, mining of soil, rocks or other oil, gas or other minerals, and Landlord retains all such rights. This agreement creates no rights into any sub-surface mineral ground water, materials or deposits or oil, gas or other related products, and Hunters expressly agree that Hunters will not engage in any mining, extraction, withdrawal, or other removal of any sub-surface materials whatsoever. Hunters will not interfere with the exploration or production of minerals on the Leased premises or with the grazing of livestock on Leased Premises. 11.LS. Hunters are not allowed to use lead shot when firing shotguns. EAD HOT 12.C. Hunters may not camp overnight on Leased Premises for more than 3 AMPING consecutive nights in any week without written permission from Landlord. 13.FW. Hunters agree not to use four-wheelers and all-terrain vehicles for OUR HEELERS recreational purposes (except as what is necessary for hunting) on Leased Premises. Use should be limited to hauling and transport purposes only. Motorcycles are not allowed on Leased Premises. Hunters will not cause damage to existing roads on Leased Premises except for normal wear and tear caused by reasonable use of such vehicles. 14. Hunters shall keep all gates on the Leased Premises closed and locked. 15. Hunters shall repair or replace any damage caused by Hunter to the Land, crops, livestock, or Excluded Improvements. 16. Hunters shall maintain the insurance coverages described in the attached Insurance Addendum (Exhibit A). 17. Hunters shall deliver to Landlord a Release, Indemnity, and Assumption of Risks in the form attached to this lease as Exhibit B, executed by each individual (including Hunter) who will enter the Leased Premises at the invitation or request of Hunter before entry by any such individual. 18. Hunters shall not assign this lease or sublease any portion of the Leased Premises without 19.CS. Hunters are allowed to clear a camp site 40 feet by 40 feet on Leased Premises. AMP ITE The location of this camp site must be approved by Landlord prior to clearing and use by Hunters. 20.T. Hunters may use traps, if allowed by law, only if the traps are cages that do not harm RAPS the animals. Such traps must be checked daily when in use. 21.F. Open fires are not allowed on Leased Premises. IRES 22.F. Fireworks and pyrotechnics are not allowed on Leased Premises. IREWORKS 23.S. Hunters may not erect any permanent structures on Leased Premises. TRUCTURES 24.NC. Hunters may not cut fences, trees, firewood, grass, or brush on Leased O UTTING Premises unless as otherwise allowed by this Agreement. Hunters agree to be respectful of cattle and livestock on Leased Premises. 25. L. Hunters agree that lands covered by this agreement shall be kept free of litter at all ITTER times. Hunters agree to permit no material waste on Leased Premises, to remove all material refuse and litter they deposit thereon, and particularly Hunters agree not to throw out beverage containers on the land. Hunters agree to pick up and remove from Leased Premises all spent ammunition shells and cartridges. 26. LPASIS. IT IS UNDERSTOOD THAT THE LAND CONSISTS OF EASED REMISES MOSTLY UNDEVELOPED AND UNTAMED LAND, AND THE HUNTERS ACCEPT UNDERSTAND THAT HUNTING IS DANGEROUS ACTIVITY AND THAT THERE MAY BE HIDDEN HAZARDS, INCLUDING BUT NOT LIMITED TO, DANGERS SUCH AS CLIFFS, CAVES, ROCK SLIDES, HOLES, FENCE WIRE, SNAKES, WELLS, SWAMPS, BRUSH, PONDS, HARMFUL PLANTS, POISONOUS ANIMALS, AND INSECTS, OR OTHER WILD ANIMALS, UNAUTHORIZED CARELESS PERSONS ON THE LAND, OTHER HUNTERS, OR OTHER RISKS THAT MAY BE DANGEROUS, INJURE HUNTERS OR CAUSE DEATH, AND THE HUNTERS ASSUME ALL THESE RISKS AS THEIR OWN RESPONSIBILITY, WITHOUT RECOURSE AGAINST THE LANDLORD OR ITS EMPLOYEES, AGENTS, OR ASSIGNEES. FURTHER, HUNTERS ACKNOWLEDGE THAT ALTHOUGH LANDLORD MAY HAVE A GREATER KNOWLEDGE OF LAND OR PROPERTY THAN HUNTERS, IT IS IMPRACTICABLE AND IMPOSSIBLE FOR LANDLORD TO LIST AND/OR TO PHYSICALLY SHOW HUNTERS EACH AND EVERY POSSIBLE HAZARD ON THE PROPERTY AND HUNTERS ENTER ONTO THE PROPERTY DESPITE SAME AND HUNTERS SPECIFICALLY ACKNOWLEDGE, AGREE AND STIPULATE THAT HUNTERS HAVE CHOSEN OF HIS OWN FREE WILL TO GO HUNTING ON THE PROPERTIES, AND REALIZED THERE ARE INHERENT DANGERS FROM THE SPORT OF HUNTING, INCLUDING, BUT NOT LIMITED TO, DANGER FROM OTHER HUNTERS, THE INHERENT DANGER OF INJURY FROM THE USE OF FIREARMS, AND OTHER DANGERS OF ANY NATURE WHATSOEVER, INCLUDING DANGERS TO BODILY INJURY WHICH MAY OCCUR (SUCH AS, BUT NOT LIMITED TO, THE USE OF HUNTING KNIVES, AXES, ARROWS, TRAVELING BY VEHICLE OVER ROUGH TERRAIN, GETTING INTO AND OUT OF DEER STANDS FOR HUNTING), OVEREXERTION OR EXCITEMENT AND THE RISK OF INJURY CAUSED BY OTHER HUNTERS. HUNTERS AGREE AT ALL TIMES TO USE EXTREME CAUTION AND CARE IN PROTECTING THEMSELVES, THEIR PROPERTY, AND OTHERS AND THEIR PROPERTY, FROM ACCIDENT OR BODILY INJURY WHICH MAY RESULT IN SUCH RISK. 27. I. Further, Hunters agree to protect, indemnify, and hold Landlord and its NDEMNITY employees, agents, families, and assignees harmless from and against any and all claims of loss, damages, liabilities, or other expense whatsoever, either directly or indirectly of or as a to, defending of any lawsuits caused by Hunters. The undersigned Hunters further agree to indemnify and hold harmless the Landlord and its agents, employees, and assignees, from any loss, liability, damages or cost of any nature whatever, including the defending of any lawsuits filed by the Hunters and/or their guests or invitees, that the undersigned Hunters or guests or invitees of the undersigned Hunters may incur as a result of either directly or indirectly the hunt or the use of the property, or the traveling to or from the hunting area, whether such is caused by the negligence of the Landlord or another hunter. 28. W&D. AS FURTHER CONSIDERATION OF BEING ALLOWED TO AIVER ISCHARGE HUNT THE PROPERTIES, the undersigned Hunters hereby release, waive, discharge and covenant not to file suit against either the Landlord, its employees, assignees, or others for any and all losses, damages, injuries or other claims or demands therefore, on account of injury to any person or property of the undersigned tenant, or resulting in the death of the undersigned Hunters, directly, or indirectly, whether caused by the negligence of the Landlord, agents, families, employees, officers, directors, designees and assignees. 29. PI. AS FURTHER CONSIDERATION AND A CONDITION OF ROPERTY NSPECTION THIS AGREEMENT, the undersigned Hunters agree to inspect in advance the Leased Premises and to accept the condition of the properties as is, without fitness of purpose, and further agree that Hunters will report any unsafe condition immediately to the Landlord, and further covenant and agree not to use the property if any unsafe condition exists. 30. DA. Hunters further acknowledge that Hunters and all of their invitees ANGEROUS CTIVITY or guests are experienced hunters and recognize the inherent dangers of injury that exist during hunting trips. Hunters further acknowledge that Hunters and their invitees and guests are experienced in the use of firearms and recognize the INHERENT DANGERS OF INJURY AND POSSIBLE DEATH IN THE USE OF FIREARMS. 31. AR . Notwithstanding anything contained herein to the SSUMPTION OF ESPONSIBILITY contrary, as consideration of the privilege of hunting and other activities stated herein, the undersigned Hunters hereby ASSUME FULL RESPONSIBILITY and RISK OF BODILY INJURY, DEATH OR PROPERTY DAMAGE, whether or not caused by negligence of any of the parties hereto. 32. S. This agreement further expressly agrees that this agreement and all exhibits EVERANCE hereto is tended to be as broad and inclusive as permitted by the law of the State of Texas, and that if any portion of this agreement is held to be invalid, it is agreed that the balance shall notwithstanding contained to be in full force and effect. 33. BA. This agreement shall be binding upon the parties hereto, their legal INDING GREEMENT representatives, heirs, administrators, executors, successors and assigns and shall insure to the benefit of each of the parties. 34. EA. This agreement contains and is the entire agreement and undertaking NTIRE GREEMENT between the parties hereto, and there are no other agreements, representations, statements or inducements not contained or referred to herein. 35. V. This agreement is signed as to be effective in Wichita County, Texas, and it is ENUE further agreed that any suit, legal action, cause of action, claim, or other legal remedy shall be filed in Wichita County, Texas, regardless of in which county the property is located. 36. NW. There are no warranties, express or implied, not contained or referred to O ARRANTIES herein, as to fitness of purpose of the property, there are no guarantees of any nature and the success of the hunting is strictly at the risk and responsibility of the Hunter, and there are no refunds or reimbursement for any expenses incurred or funds paid. 37. RT. Landlord retains the right to cancel this agreement immediately if IGHT TO ERMINATION Hunter has not complied strictly with the provisions of this agreement. Landlord retains the . 38.GFC All parties agree that this contract is one wherein the OVERNMENTAL UNCTION LAUSE Landlord is solely performing a governmental function. All parties expressly agree that the Landlord is not engaging in any propriety functions. 39.CDLC. All parties agree that damages in this ONTRACTUAL AMAGES IMITATION LAUSE contract are limited only to those authorized under Texas Local Government Code Section 271.153. Specifically, Landlord is not liable for consequential damages or exemplary damages. 40.WAF. If any action at law or in equity is necessary to enforce this AIVER OF TTORNEYS EES agr Code subchapter I, § 271.153(a)(3) provides that the total amount of money awarded in an adjudication brought against a governmental entity for breach of a contract includes er law 41. C. This instrument may be executed in multiple counterparts which shall be OUNTERPARTS construed together as a single instrument as though all parties had signed one instrument and, when executed, each counterpart shall be binding upon and inure to the benefit of each of the parties executing the same, their respective heirs, successors and assigns. _______________________________ Hunter: Landlord Date Randy Bell (signing as Signature: Member Manager for Real Capital Investments I, LLC) 4514 Cole Ave., Suite 600 Street Address Dallas TX 75205 City State Zip ____________________________ Exhibit A Insurance Addendum to Hunting Lease Lease Date: Landlord: Hunter: Real Capital Investments I, LLC (Randy Bell) This insurance addendum is part of the lease. Hunter agrees to: 1. Maintain the property and/or liability insurance policies required below (mark applicable boxes) during the lease Term and any period before or after the lease Term when Hunter is present on the Leased Premises: Type of Insurance Minimum Policy Limit If Hunter is an individual: Hunting lease liability Per occurrence: $ 500,000 Aggregate: $1,000,000 Or policy liability to Premises Texas personal auto Minimum limits required by law If Hunter is a business entity: Hunting lease liability Per occurrence: $__________________ Aggregate: $__________________ Business automobile $__________________ Or Texas personal auto Minimum limits required by law 2. Comply with the following additional insurance requirements: (a) the hunting lease negligence of Landlord; (c) a Premises must contain a waiver of subrogation of claims against Landlord; and (d) certificates of insurance and copies of any additional insured and waiver of subrogation endorsements must be delivered by Hunter to Landlord before entering the Leased Premises and thereafter at least ten days before the expiration of the policies. Exhibit B Release, Indemnity and Assumption of Risks Lease Date: Landlord: Hunter: Randy Bell AOR. 1. TUAT(A)D SSUMPTION F ISKS HE NDERSIGNED CKNOWLEDGES HAT ANGEROUS NOM-MCMEOOOTPDI ATURAL R ANADE ONDITIONS AY XIST R CCUR N HE REMISES ESCRIBED N TL,ISARWCAWTMBD HE EASE NCLUDING TREAMS ND IVERS ITH URRENT ND ATER HAT AY E EEP OF,HDAWC,UT,TP R LOOD AZARDOUS RIVING ND ALKING ONDITIONS NEVEN ERRAIN HE RESENCE OW,D,P,ODA,SAI,E F ILD OMESTIC OISONOUS R ISEASED NIMALS NAKES ND NSECTS LEVATED HS,A/OCSHB;A(B)HIA UNTING TANDS NDR AMOUFLAGED UNKEN UNTING LINDS ND UNTING S N IDAITUOFAOL NHERENTLY ANGEROUS CTIVITY NVOLVING HE SE F IREARMS ND THER ETHAL IATPOOH.TUAAS MPLEMENTS ND HE RESENCE F THER UNTERS HE NDERSIGNED SSUMES LL UCH DAR. ANGERS ND ISKS I. 2. TUWI,D,AHLA NDEMNITY HE NDERSIGNED ILL NDEMNIFY EFEND ND OLD ANDLORD ND IA,E,I,L,OV(C, TS GENTS MPLOYEES NVITEES ICENSEES R ISITORS OLLECTIVELY ANDLORD HAAC,L,D,LAC(C, ARMLESS GAINST LL LAIMS IABILITY AMAGES OSSES ND OSTS OLLECTIVELY IBOAALAAOOOR LAIMS NCURRED Y R LLEGED GAINST ANDLORD ND RISING UT F R ELATING TAAOOOTUOAOTUA, O NY CT R MISSION F HE NDERSIGNED R NY F HE NDERSIGNEDS GENTS E,C,L,OV(C,WA MPLOYEES ONTRACTORS ICENSEES R ISITORS OLLECTIVELY UNTER HILE T TP,IACBOA(A)ITODOA HE REMISES NCLUDING NY LAIMS ASED N NY NJURY O R EATH F NY P(S),(B)DTOLOP,O(C)FOHTC ERSON AMAGE O R OSS F ROPERTY R AILURE F UNTER O OMPLY WAALOTL. ITH NY PPLICABLE AWS R HE EASE R. 3. TUWACALA ELEASE HE NDERSIGNED AIVES LL LAIMS GAINST ANDLORD ND RLFAL,BOA(A)ITODO ELEASES ANDLORD ROM NY IABILITY ASED N NY NJURY O R EATH F HO(B)DTOLOAPBTH. UNTER R AMAGE O R OSS F NY ROPERTY ELONGING O UNTER NOL.TFI,W,AR 4. EGLIGENCE F ANDLORD HE OREGOING NDEMNITIES AIVERS ND ELEASES WAEITIGRTTCICIWO ILL PPLY VEN F HE NCIDENT IVING ISE O HE LAIM S AUSED N HOLE R IPBTCOTPOBTSOC N ART Y HE ONDITION F HE REMISES R Y HE OLE R ONCURRENT NOGNOL. EGLIGENCE R ROSS EGLIGENCE F ANDLORD ____________________________ Printed Name: ________________ Date: ________________________ (North) All City land on the North Side of Lake Kickapoo between the high-water mark, elevation 1045, and the City property line in the following tracts: 9.76 acres, J. C. Phelan Survey, Abstract 336 19.86 acres, B.B.B. & C.R.R. Survey, Abstract 42 64.85 acres, J.C. Phelan Survey, Abstract 336 33.63 acres, William Mayer Survey, Abstract 272 412.17 acres, Torebio Losoya Survey, Abstract 257 117.07 acres, Hooper & Wade Survey, Abstract 689 252.28 acres, M.E.P.R.R. Survey, Abstract 296 419.17 acres, C. Spaulding Survey, Abstract 388 and J. M. Taylor Survey, Abstract 649 Said tracts of land contain a total of 1,328.79 acres. (South) All City land on the South Side of Lake Kickapoo between the high-water mark, elevation 1045, and the City property line in the following tracts: 32.47 acres, S.A. and M.G. Survey, Abstract 447 70.59 acres, R. Carson Survey, Abstracts 108 & 107 11.94 acres, E.P. Cochran Survey, Abstract 42 21.00 acres, L.T. Burns Survey, Abstract 336 32.71 acres, T.P. Martin Survey, Abstract 739 71.39 acres, G.W. Dugan Survey, Abstract 1193 386.69 acres, S.P.R.R Survey, Abstract 440 131.08 acres, D.C.S.L Survey, Abstract 113 43.96 acres, T. Puckett Survey, Abstract 719 9.41 acres, George Bond Survey, Abstract 25 251.94 acres, R. Carson Survey, Abstract 750 223.71 acres, Torebio Losoya Survey, Abstract 257 104.45 acres, J.C. Phelan Survey, Abstract 325 29.61 acres, J.C. Phelan Survey, Abstract 336 3.44 acres, B. Mordecia Survey, Abstract 291 Said tracts of land contain a total of 1,424.39 acres. Location Map