Res 167-97 11/4/1997RESOLUTION N0. _&2—q7
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A
COMMERCIAL LEASE AGREEMENT WITH DON AND LINDA
RAKESTRAW FOR THE LAKE KICKAPOO GENERAL STORE /BOAT
WORKS FOR A FIVE YEAR PERIOD BEGINNING ON AUGUST 1, 1997
THROUGH JULY 31, 2002; FINDING AND DETERMINING THAT THE
MEETING AT WHICH THIS RESOLUTION WAS DISCUSSED WAS
OPEN TO THE PUBLIC AS REQUIRED BY LAW.
WHEREAS, on June 6, 1996, Don and Linda Rakestraw assumed the remaining
term of the commercial lease on the Lake Kickapoo General Store /Boat Works, which
expired on August 1, 1997; and,
WHEREAS, Don and Linda Rakestraw have requested a new lease which would
allow their continued operation at the Lake Kickapoo General Store /Boat Works.
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 a commercial
lease agreement with Don and Linda Rakestraw for the Lake Kickapoo General
Store /Boat Works, a copy of which is attached hereto, for a 5 year term, beginning on
August 1, 1997 through July 31, 2002.
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 4`h day of November 1997.
ATTEST:
City Clerk
AYOR
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STATE OF TEXAS §
COUNTY OF WICHITA §
This agreement, made and entered into by and between the City of Wichita Falls, Wichita
County, Texas, a municipal corporation, acting by and through its City Manager,
called Lessor, and Don Rakestraw and Linda Rakestraw hereinafter
, H C 51 Box 68 P, Holliday, Texas
76366, hereinafter called Lessee, on the day of
1997.
WITNESSETH:
1. For and in consideration of the money payments herein
covenants and conditions herein to be met by the Lessee, Lessor herein does hereby lease and and
Don Rakestraw and Linda Rakestraw, H C 51 Box 68 P, Holliday, Texas Lessee, the
hereby
following described lands and premises situated in Archer Count),, Texas, to -wit:
Being a tract of land out of Block 111, A. T. N. C. Survey, Archer
County, Texas, and being described by metes and bounds as
follows:
BEGINNING at the Northeast corner of said A. T. N. C. Survey;
THENCE following the North line of said Block 111, East 2,387.0
feet to the Northwest comer of said A. T. N. C. Survey;
THENCE following the West line of said Block 111, 1,031.0 feet to
a point on the West line of said A. T. N. C. Survey;
THENCE South 68° 21' 00" East, 658.10 feet to a point, said point
is the Southwest comer of this tract and the place of beginning;
THENCE South 68° 21' 00" East, 271.26 feet to a point, said point
being the Southeast comer of this tract;
THENCE North 210 39' 00" East, 330.00 feet to the Northeast
comer of this tract;
THENCE North 680 21' 00" West, 500.00 feet to the Northwest
corner of this tract;
THENCE South 210 39'00" West, 182.00 feet to a point, said point
being the Northwest corner of Tract 1 -A, Block 111, A. T. N. C.
Survey;
THENCE South 680 21' 00" East, 184.21 feet to a point, said point
being the Northeast corner of said Tract 1 -A;
THENCE South 210 39'00" West, 166.40 feet to a point, said point
being the Southwest comer of this tract, the place of beginning, and
containing 3.29 acres of land, more or less.
Said tract of land being further identified by the map attached to this
lease and labeled as Exhibit A.
BEGINNING at the Northeast comer of the A. T. N. C. Survey,
Block 111, Archer County, Texas;
THENCE West 2,387.0 feet;
THENCE South 1,943.0 feet to the Northwest corner and beginning
of this tract;
THENCE South 870 00' East 331.0 feet;
THENCE South 30 00' West 113.0 feet;
THENCE South 860 58' West along the high water line (elevation
1,050), 326.5 feet;
THENCE North 148.0 feet to the beginning comer of this tract and
containing 0.985 acres, more or less.
This tract is leased for boat docking, storage, etc. Tract No. 2 may
be relocated to any like area between such present location and the
North end of the dam as may be mutually agreed upon between
Lessee and the City Manager
Said tract of land being further identified by the map attached to this
lease and labeled as Exhibit B.
2. The consideration for the granting of the leasehold estate herein demised is as
follows:
Lessee agrees to pay to Lessor on the first day of each month during
the term of this lease, a rental of $62.50 per month. In addition,
Lessee agrees to pay Lessor 1% of the taxable sales made by Lessee
on the leased premises. The team "taxable sales" shall be determined
in accordance with Chapter 151 of the Texas Tax Code. That part of
Lessee's monthly payment based on taxable sales shall be made on the
V day of the month following 20 days from the end of the reporting
period for which the payment is determined. Lessee shall furnish
Lessor with a copy of the Sales and Use Tax Return filed with the
State of Texas when Lessee's 1% payment is made. The payment by
Lessee of 1% of his taxable sales to Lessor shall not be considered a
tax for any purposes but rather partial consideration paid to Lessor for
rental of the premises.
3. The term of this lease is for a period beginning the 1 st day of August, 1997, and
ending July 31, 2002.
4. Lessee agrees to pay and discharge all taxes and assessments which now or
hereafter may be taxed, assessed, levied, or unposed upon the premises or any improvements
placed thereon.
5. Lessee shall provide general liability insurance in the aggregate amount of One
Hundred Thousand and No /100 ($100,000.00) Dollars, with Three Hundred Thousand and
N01100 ($300,000.00) Dollars per each personal individual injury, and a minimum of Fifty
Thousand and No /100 ($50,000.00) Dollars per each personal property damage occurrence on
the leased premises for the operation of the commercial lease.
6. It is understood and agreed by and between the parties hereto that the premises
covered by this lease are on the watershed to Lake Kickapoo and the primary use of said Lake
Kickapoo is as a City water supply for the City of Wichita Falls, Texas, Lessor, and that a
secondary use thereof is for the purpose of recreation for the citizens of Wichita Falls and the
public generally, and in consideration of the granting of the leasehold interest hereof, Lessee
covenants and agrees as follows:
(a) Lessee agrees that any and all future buildings placed on the
leased premises shall be on a site approved by the Lessor.
(b) Lessee agrees to operate a general store in the main building
located on Tract No. 1, and to stock good quality merchandise
such as is kept in like places of business, specifically ice, soft
drinks, staples, convenience store type groceries, fishing
tackle, and if desired, boats and motors for rent to patrons,
motor fuel, gasoline, oil, and etc. Enumeration of the specific
items is not a limitation, but is a designation of the class of the
stock of merchandise to be stocked by the Lessee. Lessee
agrees that prices to be charged for such merchandise and
services shall be comparable with convenience store prices
charged in the city of Wichita Falls.
(c) Lessee may, at their option, build any dock, fence, pier, or any
other structure on the leased premises with the prior written
approval of the City Manager as to location, size and quality.
(d) Lessee agrees that they will keep the said store on said
Premises open for the public for business at all reasonable
hours, including such hours that are necessary to the service to
patrons for fishing tackle, boats, motors, fishing bait; and that
the same shall be kept open for not less than six (6) hours out
of each twenty -four (24) hour day, at least six (6) days a week.
Hours will be posted on exterior of building in public view.
(e) The leased premises shall be kept clean by the Lessee and they
shall provide for disposal facilities for water matter, trash, and
garbage as required by the Lessor, and particularly that said
premises shall be kept free from anything that would likely
contaminate the water in said Lake Kickapoo. Sewage disposal
facilities shall be provided by the Lessee in accordance with
the requirements of the Health Department of the City of
Wichita Falls, and the requirements of the Health Department
of the State of Texas.
(fl Lessee agrees that no livestock shall be kept on the leased
Premises designated Tract No. 2. Livestock is permitted for
personal use on that portion of Tract 1 identified in Exhibit A.
The area used for livestock shall be completely fenced. The
premises shall be kept clean and free of all paper, cans, and
garbage in accordance with City of Wichita Falls ordinance
requirements now or hereafter enacted; and all garbage shall
be kept in containers which shall be furnished in sufficient
quantities to meet the requirements of keeping the premises
clean and free from any debris or trash.
(g) Lessee agrees to use a reasonable degree of care to prevent
improper conduct on the part of any person or persons on the
premises, including members of their own family or their
guests, while on or near the premises; that the premises herein
leased shall be used for no purposes in violation of any penal
law of the State of Texas, or in violation of any of the laws of
the City of Wichita Falls, or any rules and regulations with
reference to the conduct and maintenance of Lake Kickapoo.
(h) Lessee agrees that they will not assign this lease and will not
sublease any part of the premises without first having obtained
the written permission of the City Manager. Lessee agrees that
they will notify Lessor prior to placing said lease for sale or
offering for assignment or subleasing all or any part of the
premises. However, Lessee is hereby specifically granted the
right, at their options, to enter into a partnership with a third
party either in the present business or for the expansion
thereof, so long as Lessee continues to actively manage such
business, and Lessor shall be notified of such change as soon
as practical after it occurs.
(i) Lessee agrees that they will keep a record of all taxable
transactions and further agree that the Lessor may at any time,
at its own expense, audit and check the Lessee's records in
order to verify all amounts which may be due Lessor under the
terms of this agreement.
(j) Lessee agrees to construct a water system of some kind or
character adequate to meet the needs of their sanitary toilets
and agrees that they will keep septic tanks to take care of
waste matter, such water system and septic tanks to be
approved by the Health Department thereof.
(k) Lessee agrees to keep the premises and principal fixtures
thereon in good condition; reasonable use and wear thereof
and acts of the elements, fire, and acts of God only excepted.
7. It is agreed that if the Lessee violates any provision of this contract, either in
whole or in part, or if the Lessee fails on their part to obey the future rules and regulations for
Lake Kickapoo as may be propounded by the Lessor, or if in the opinion of the Lessor, the
Lessee becomes an unsatisfactory tenant, because of their failure to meet the general wants of the
public, or of their failure to render any service to the general public as outlined herein, or should
the Lessee fail to conform to the terms of this contract, or any one of them, then this lease may be
terminated by the Lessor's written notice of termination, and the Lessee shall have sixty (60)
days from the date of such termination to either dispose of their property to some person who
would be acceptable to Lessor as a future tenant, or to remove their improvements and personal
property from the leased premises; provided, however, that they shall not damage any real or
personal property belonging to this Lessor, or any other Lessees of this Lessor in so moving their
property from the premises.
8. In the event that the Lessee does not dispose of their interest at the expiration of
the sixty (60) day period, Lessor shall have the right to take possession of the same in its entirety
and Lessee agrees that Lessor may dispose of such property either at public or private sale to the
highest acceptable bidder, and the proceeds shall be applied, first, to the expense of holding
same; second, to any indebtedness owed Lessor by Lessee, and the remainder, if any, shall be
paid to Lessee.
9. It is further mutually agreed by the parties hereto that this contract is performable
in Wichita County, Texas, and that the monies due under such contract are payable at the office
of Lake Lot Administration in the Memorial Auditorium in the City of Wichita Falls, Wichita
County, Texas.
written. IN TESTIMONY WHEREOF, witness our hands this the day and year first above
City of Wichita Falls, Texas
By:
James Berzina, City Manager
Attest:
City Clerk
Signature (Don Rakestraw)
Signature (Linda Rakestraw)
HC 51 Box 68P
Holliday, Texas, 76366
Approved as to Form:
Assistant City Attorney
0
STATE OF TEXAS §
COUNTY OF WICHITA §
BEFORE ME, the undersigned authority, on this day personally appeared James Berzina,
City Manager for the City of Wichita Falls, a municipal corporation, known to me to be the
person and officer whose name is subscribed to the foregoing instrument, and acknowledged to
me that he executed the same for the said City of Wichita Falls, a municipal corporation, for the
purposes and consideration therein expressed and in the capacity therein stated.
1997. GIVEN UNDER MY HAND AND SEA, OF OFFICE this day of
Notary Public, State of Texas
STATE OF TEXAS §
COUNTY OF WICHITA §
This instrument was acknowledged before me on the day of
1997, by Don Rakestraw.
Notary Public, State of Texas
STATE OF TEXAS §
COUNTY OF WICHITA §
This instrument was acknowledged before me on the day of
1997, by Linda Rakestraw.
Notary Public, State of Texas
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