Res 095-94 6/21/1994RESOLUTION NO. ! 5 qC/
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, APPROVING AND
AUTHORIZING A LEASE AGREEMENT WITH THE
WICHITA FALLS BOATING CLUB FOR A LOT AT LAKE
WICHITA AND AUTHORIZING THE CITY MANAGER TO
EXECUTE THE INSTRUMENT; FINDING AND
DETERMINING THAT THE MEETING AT WHICH THIS
RESOLUTION WAS DISCUSSED WAS OPEN TO THE
PUBLIC AS REQUIRED BY LAW.
WHEREAS, the Wichita Falls Boating Club has leased a 2.95
acre tract on the north side of Lake Wichita from the City of
Wichita Falls for approximately 40 years; and,
WHEREAS, the Wichita Falls Boating Club agrees to the terms
and conditions of the lease agreement attached hereto.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF WICHITA FALLS, TEXAS, THAT:
SECTION 1. The attached lease agreement between the City of
Wichita Falls and the Wichita Falls Boating Club is hereby
approved, and Mr. James Berzina, City Manager, is authorized to
execute the instrument on behalf of the City.
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 21st day of June, 1994.
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M A Y O
ATTEST:
4) (I/Jita) c
City Clerk
STATE OF TEXAS
COUNTY OF WICHITA §
LEASE
This agreement of lease, made and entered into this
day of 1994, by and between the City of Wichita
Falls, Texas, hereinafter called "City, " and the Wichita Falls
Boating Club, hereinafter called "Lessee, "
WITNESSETH:
By these presents City does hereby lease and demise unto
Lessee the following tract of land, to wit:
A tract of land out of the J. A. Scott Survey No. 5,
Abstract A-297, Wichita County, Texas, and being
more specifically described by metes and bounds as
follows:
BEGINNING at a 4" galvanized iron pipe fence corner
in the South right-of-way line of Lake Shore Drive,
a dedicated street, said corner bears South 00° 34'
00" East 25.00 feet and South 89° 36' 16" West
157. 67 feet from the occupied Southeast corner of
Block 33, Denton County School Land, League 1, A-58,
said Southeast corner of Block 33 lying in the North
line of said J. A. Scott Survey No. 5 and being the
centerline intersection of Lake Shore Drive and
Fairway Road, said 4" galvanized iron pipe corner
being the Northeast corner and place of beginning of
this description;
THENCE leaving said South right-of-way line, South
01° 3' 49" West 368.10 feet along a fence line to a
2" galvanized iron pipe fence corner for an angle
point;
THENCE South 01° 04' 39" West 182.29 feet along a
fence line to a bridge spike for an angle point;
THENCE South 00° 46' 08" West 21.01 feet along a
fence to a point in the Spillway Elevation Line at
Lake Wichita for the Southeast corner of this tract;
THENCE along the spillway elevation of Lake Wichita
as follows:
North 23° 35' 47" West 18.76 feet;
North 45° 48' 43" West 18.34 feet;
South 87° 00' 12" West 140.94 feet;
North 60° 59' 49" West 90. 16 feet;
North 23° 29' 02" East 19.80 feet;
South 84° 14' 00" East 47. 12 feet;
South 75° 46' 31" East 100.97 feet;
North 85° 29' 32" East 31.15 feet;
North 77° 45' 41" East 11.45 feet;
North 53° 30' 47" East 17.78 feet;
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North 18° 13' 04" East 32. 18 feet;
North 02° 55' 03" East 82. 04 feet;
North 06° 18' 51" East 30.76 feet;
North 62° 12' 08" West 21.14 feet;
North 78° 55' 00" West 65.68 feet;
North 84° 42' 15" West 44.08 feet;
South 77° 55' 45" West 21. 15 feet;
South 31° 54' 55" West 79.33 feet;
South 51° 24' 56" West 20.35 feet;
South 68° 08' 31" West 50.65 feet;
North 67° 54' 49" West 35.98 feet;
North 35° 36' 48" West 32.41 feet;
North 23° 50' 49" West 27.30 feet;
North 01° 07' 43" East 67.61 feet;
North 05° 48' 12" East 18.72 feet;
North 74° 43' 17" East 6.53 feet;
South 31° 37' 15" East 25.30 feet;
South 59° 11' 02" East 29.11 feet;
South 62° 40' 07" East 31.82 feet;
South 82° 40' 21" East 44.90 feet;
North 26° 44' 14" East 35.85 feet;
North 35° 51' 31" West 134.38 feet;
North 77° 20' 02" West 68.91 feet;
South 85° 04' 35" West 30.74 feet;
South 54° 15' 23" West 23 .21 feet;
South 16° 07' 08" West 26.49 feet;
North 52° 13' 32" West 2.28 feet to a
fence post for the Southwest corner of
this tract;
THENCE along a fence line North 02° 46' 09" West
209.46 feet to a 1/2" iron rod in the South right-
of-way line of said Lake Shore Drive for the
Northwest corner of this tract;
THENCE North 89° 36' 16" East 399.02 feet along the
South right-of-way line of Lake Shore Drive to the
place of beginning and containing 2 .95 acres, more
or less.
for the term of two (2) years, beginning June 1, 1994, and
ending May 31, 1996, upon the following conditions and
covenants:
1. Lessee shall pay City therefor rental in the amount ofIIPYY
Fifty ($50.00) Dollars per year. Rental shall be paid in
advance; the rental payment shall be due upon the execution of
this lease. In addition, Lessee shall pay all taxes which
shall become due and payable or which are to be assessed
against or levied upon the real estate or improvements
thereon. Lessee agrees to quietly surrender up the premises
in a good condition as the same were when received, reasonable
wear and tear excepted, at the termination of the lease.
2 . Lessee binds itself to use said property for only
lawful purposes and to keep the premises in a sanitary
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condition during the term of this lease. Lessee further
agrees that the use of the premises shall be restricted to its
meetings and for recreation purposes; and no other; that in
such permissive use and operation, no intoxicants of any kind
or character shall ever be sold thereon; nor shall same be
operated in such manner as to create a nuisance.
3 . Lessee agrees that it will not file any claim for
flood damages to any property placed on said land by it or to
any persons on said land during the term of this lease, and
further agrees to hold City harmless from any and all kinds of
damages whatsoever.
4. Lessee further agrees that during the term of lease,
should City demand or require the premises herein leased for
their own use and/or benefit, then said Lessee will, upon
receipt of thirty (30) days written notice, relinquish said
premises to City; whereupon, City will refund to Lessee that
pro-rata part of the unused rental paid herewith.
5. If Lessee should breach any of the covenants contained
herein, City shall have the right to terminate said lease.
6. Upon expiration of this lease or upon termination as
hereinabove provided, Lessee shall have the right to remove
from the land within a reasonable time any and all
improvements by it placed thereon.
7 . It is specifically agreed by and between the parties
hereto that as a part of the consideration herein, Lessee
shall not sublease or assign said premises or any part thereof
without the written consent of City first having been had
obtained.
8 . Lessee shall indemnify and hold harmless City from all
claims for damages arising out of the use of said land.
Lessee shall carry a comprehensive general liability insurance
policy in the amount of Three Hundred Thousand ($300,000. 00)
Dollars per occurrence, bodily injury; and property damage
liability insurance in the amount of not less than Fifty
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Thousand ($50, 000. 00) Dollars per occurrence. A copy of this
policy must be secured and must be on file in the City Clerk's
office. The City of Wichita Falls shall be listed as an
Additional Named Insured. "
The parties hereto have caused these presented to be
executed by their duly authorized officers as the day and year
first above written.
SIGNED this day of 1994.
CITY OF WICHITA FALLS, TEXAS
By:
James Berzina, City Manager
ATTEST:
City Clerk
WICHITA FALLS BOATING CLUB
By:
Commodore
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