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Res 070-89 5/16/1989RESOLUTION NO. 70-89 RESOLUTlON APPROVING AND AUTHORIZING A LEASE CONTR4CT WITH THE WICHITA FALLS BOAT CLUB FOR A LOT ON NORTH SIDE OF LAKE WIC,L ITA, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SUCH LEASE CONTRACT. WHEREA5, the Wichita Falls Boat Club desires to lease a 1,52 acre lot of land on the North side of Lake Wichita; and, WHEREAS, the Wichita Falls Boat Club agrees to conditions and terms of the attached lease contract in the amount of $50.00 yearly; and, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: PASSED AND APPROVED THIS THE 16th DAY OF MAY 1989. ATTEST: ./ C1ty �ierk The City Manager is ne eby authorized to execute the attached lease contract with the Wichita Falls Boat Club for a lot on the North side of Lake Wichita fcr a term of one year. PASSED AND APPROVED THIS THE 16th DAY OF MAY 1989. ATTEST: ./ C1ty �ierk STATE OF TEXAS X COUNTY OF WICHITA X LEASE OF LAND AT LAKE WICHITA TO WICHITA FALLS BOATING CLUB This agreement of lease, made and entered into this the first day of June, 1989 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 certain parcel of land out of the J. A. Scott Survey No. 5, Abstract 297, Wichita County, Texas and more particularly described as follows: BEGINNING at a point in the North line of J. A. Scott Survey No. 51 said point being 150' West of the common corner between Blocks 33 and 34 of Denton County School Lands; THENCE West 400' to a point in the North line of J. A. Scott Survey No. 5; THENCE South 175' to a point in the North shore of Lake Wichita when the Lake is at a spillway elevation; THENCE in a Southeasterly direction along the North shore line of Lake Wichita to a point South of the place of beginning; THENCE North 34' to the PLACE OF THE BEGINNING; and containing 1.52 acres of land, more or less, for the term of one (1) year, beginning June 1, 1989 and ending May 31, 1990 upon the following conditions and covenants: 1. Lessee shall pay City therefor rental in the amount of $50.00 per year. Rental shall be paid in advance; the rental payment shall be due upon the execution of this lease. 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. Page 3 of 5 Pages Agenda Item No. 2. Lessee binds itself to use said property for only lawful purposes and to keep the premises in a sanitary con- dition 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 this 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, re- linquish 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 con- tained 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 re- move 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 herefor, Lessee shall not sublease or assign said premises or any part thereof without the written consent of City first having been had and 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 insur- ance policy in the amount of $300,000.00 per occurrence, Page 4 of 5 Pages Agenda Item No._ bodily injury; and property damage liability insurance in the amount of not less than $50,000.00 per occurrence. A copy of this policy must be secured and must be on file in the Parks and Recreation 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-------- - - - - -, 19 CITY OF WICHITA FALLS, TEXAS ATTEST: City Clerk APPROVED AS TO FORM: City Attorney By: -- ........................ James Berzina, City Manager WICHITA FALLS BOATING CLUB By:----------------------- President Page 5 of 5 Pages Agenda Item No.