Res 047-89 4/4/1989RESOLUTION NO.
RESOLUTION AUTHORIZING THE CITY MANAGER TO
ENTER AN AGREEMENT WITH AMERICAN TELEVISION
AND COMMUNICATIONS CORPORATION TO LEASE ONE -
HALF ACRE TRACT OF LAND AT LAKE ARROWHEAD FOR
PURPOSES OF PROVIDING CABLE SERVICE TO LAKE
ARROWHEAD RESIDENTS.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS, TEXAS, THAT:
That certain lease, a copy of which is attached hereto, from
the City to American Television and Communications Corporation,
covering a tract of land at Lake Arrowhead, as depicted in
Attachment "A" of said lease, is hereby approved, and the City
Manager is authorized to execute same for the City of Wichita
Falls.
PASSED AND APPROVED this the 4th day of April, 1989.
M A Y O R
ATTEST:
City Clerk
STATE OF TEXAS H
COUNTY OF WICHITA )(
LEASE
PARTIES
This lease, made the day of L , 1989,
between the City of Wichita Falls Texas, hereinafter referred to
as LESSOR, and American Television and Communications
Corporation, hereinafter referred to as LESSEE.
DEMISE, TERM, RENT
1. Witnesseth, that the LESSOR hereby leases to the
Tenant, and the LESSEE hereby hires and takes from the LESSOR,
all that certain plot of land within the confines of Lake
Arrowhead, Clay County, Texas, as shown on the attached map
designated as ATTACHMENT "A" to be used solely for a cable
television headend station comprised of the tower, building and
satellite dishes as shown on ATTACHMENTS "B" AND "C" to this
lease. The term of this lease shall be fifteen (15) years, said
term to commence immediately upon the execution of this lease.
Rent shall be due and payable annually in advance at a rate of
Two Thousand Five Hundred and No /100 ($2,500.00) Dollars per year
for years one through five, Three Thousand and No /100 ($3,000.00)
Dollars per year for years six through ten, and Four Thousand and
No /100 ($4,000.00) Dollars per year for years eleven through
fifteen, and shall be paid to LESSOR at its business location in
Wichita Falls, Texas, and shall be directed to the Director of
Parks and Recreation, Municipal Auditorium, P. O. Box 1431, 1300
Seventh Street, Wichita Falls, Texas, 76307, on the first day of
each and every year during the term. Within sixty (60) days
prior to the beginning of year fifteen of the primary term,
Lessee may request in writing that the lease be extended for an
additional five year term. LESSOR shall respond to such written
request within ninety (90) days after receipt of the request and
indicate whether the LESSOR intends to accept any future lease
agreements. LESSOR shall have the right to seek offers from
other potential Lessees to determine the fair market value of the
leasehold. If LESSEE agrees to meet or exceed the price so
established, and if LESSOR determines that an extension of the
lease is desired, then the lease may be extended for an
additional five (5) year term at a price established mutually
between the parties. Notwithstanding the foregoing, should the
demised premises be annexed to the City of Wichita Falls during
the term of this lease, or any extension thereof, the parties
hereby agree that this lease may be cancelled within 90 days at
the sole option of the LESSOR unless the LESSEE has a valid
franchise agreement with the LESSOR at the time of annexation.
It is also agreed between the parties that this lease does not
constitute a grant of franchise and that should the premises be
annexed to the City of Wichita Falls then LESSOR reserves the
right to negotiate and enter into franchise agreements with such
parties and under such terms as it deems advisable.
LESSEE'S COVENANTS
2. The LESSEE agrees:
(a) That it will pay the said rent at the times and in
the manner aforesaid and that no notice from LESSOR that said
rent is due and payable shall be required.
(b) That it will pay all taxes, of any nature and kind
whatsoever, which shall be assessed and levied upon the premises
during the said term as they shall fall due. Should LESSEE fail
to timely pay said taxes, then LESSOR shall have the right to pay
said taxes, along with any penalty and interest due thereon, and
to recover the sums paid immediately as rent in arrears. Should
LESSEE fail to pay LESSOR all sums so expended within ten (10)
days, then this lease will automatically terminate.
(c) That it will promptly pay all gas, electric light,
and water rates or charges which may become payable during the
continuance of this lease for gas, electric light, and water used
on the premises.
(d) That it will not interfere with the rights of the
owners of the mineral rights underlying said premises, deface or
suffer to be injured, overloaded, or defaced the premises or any
part thereof.
(e) That it will not make or suffer any unlawful,
improper, or offensive use of the premises, or any use or
occupancy thereof contrary to any law of the state now or
hereafter made, or which shall be injurious to any person or
property.
(f) That it will not make any alterations or additions
in or to the premises not presently designated in and depicted in
ATTACHMENTS "B" AND "C" without the written consent of the
LESSOR, or suffer any signs to be placed upon the building except
such as the LESSOR shall in writing approve.
(g) That it will not assign, underlet, or part with
the possession of the whole or any part of the premises without
first obtaining the written consent of the LESSOR.
(h) That at the expiration of the said term or
termination of this lease, it will peaceably yield up to the
LESSOR the premises. If so requested by LESSOR, all erections
and additions made upon the premises shall be removed by LESSEE
at LESSEE's expense, and the premises will be restored to the
conditions existing at the commencement of this lease.
(i) That all property of any kind that may be on the
premises during the continuance of this lease shall be at the
sole risk of the LESSEE, and that the LESSOR shall not be liable
to the LESSEE or any other person for any injury, loss, or damage
to property or to any person on the premises, and that LESSEE
will, for the duration of this lease at its expense, insure
itself and LESSOR against any liability for injury to persons in
connection with the entire premises in the amounts of One Million
and No /100 ($1,000,000.00) Dollars for any one person and Three
Million and No /100 ($3,000,000.00) Dollars for more than one
person in any one occurrence. The insurance policy shall be in a
form and through an insurance company satisfactory to LESSOR and
shall provide for thirty (30) days notice of cancellation to
LESSOR prior to cancellation of said policy. LESSEE shall
provide LESSOR with a copy of said policy. LESSEE agrees to hold
harmless, wholly indemnify and defend LESSOR against any and all
claims whatsoever arising from LESSEE'S use of said premises.
(j) That no assent, express or implied, by the LESSOR
to any breach of any of the LESSEE's covenants, shall be deemed
to be a waiver of any succeeding breach of the same covenant.
(k) That it will file this lease and any amendments
thereto for record in Clay County, Texas, and will provide LESSOR
with a copy of said filing indicating the volume and page where
same is recorded.
(1) That it will, as soon as it can reasonably
determine the proposed actual location of the improvements
depicted in ATTACHMENTS "B" and "C ", obtain a survey showing the
location of all improvements and easements, including the
easement needed to provide access to the property, from a
registered public surveyor and will provide a copy of same to the
City Manager or his designee.
LESSORIS COVENANT FOR QUIET ENJOYMENT
LESSOR covenants that the LESSEE shall peaceably hold and
enjoy the premises, subject to the rights of the owners of the
mineral interests lying beneath said premises, and subject to any
easements of record existing thereon.
PROVISO FOR RE -ENTRY
If LESSEE or its representatives or assigns shall neglect or
fail to perform and observe any covenant which on the LESSEE's
part is to be performed, or if its leasehold estate shall be
taken on execution, or if LESSEE shall be declared bankrupt or
insolvent according to law, or shall make an assignment for the
benefit of his creditors, then LESSOR may, immediately or at any
time thereafter, and without notice or demand, enter into and
upon the premises or any part thereof, and repossess the same as
of their former estate, and expel LESSEE and those claiming under
him and remove their effects, forcibly, if necessary, without
being taken or deemed to be guilty of any manner of trespass, and
thereupon this lease shall terminate, but without prejudice to
any remedies which might otherwise be used by LESSOR for arrears
of rent or any breach of the LESSEE's covenants.
IN WITNESS WHEREOF, this document is executed as of the day
and year first above written.
By:
ATTEST:
City tlerk
of Xichita Fal , T as
Berzina,'City Mang
American Television &
Communications Corporation
� - r
By:
Naffahibl L. Smith'
Vice President
ATTEST:
STATE OF TEXAS )(
COUNTY OF WICHITA )(
BEFORE ME, the undersigned authority, a Notary Public in and
for the State of Texas, on this day personally appeared James
Berzina, City Manager for the City of Wichita Falls, Texas, a
municipal corporation, known to me to be the person and officer
whose name is subscribed to the foregoing document, and
acknowledged to me that he executed the same for the purposes and
consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the /'� day of
1989.
Notary Public, in a d for the
State of Texas
r •�
* °,► D. CHARLESE HEARN
Notary Public, State of Texas
y
My Comm. Expires Doe. 27,19,LG
CI `E *�
STATE OF Colorado )
COUNTY OF Arapahoe )
BEFORE ME, the
for the State of (:S
Nathaniel I- Smith
American Television
to be the person any
foregoing document,
undersigned authority, a Notary Public in and
it orado , on this day personally appeared
Vice President for
and Communications Corporation, known to me
3 officer whose name is subscribed to the
and acknowledged to me that he executed
the same for the purposes and consideration therein expressed and
in the capacity therein stated.
GIVEN eU DER MY HAND AND SEAL OF OFFICE this the /Ov/day
J� --
of / L 1989.
No Publkc, in cind for the
St of CoinkAl,)o
Approved as to Form: My Wm*" Ewkn A* 24, 1989
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