Res 085-87 5/19/1987RESOLUTION NO.
61-
47
RESOLUTION APPROVING AND AUTHORIZING A LEASE
CONTRACT WITH WICHITA FALLS BOATING CLUB FOR LOT
ON NORTH SIDE OF LAKE WICHITA, AND AUTHORIZING
THE CITY MANAGER TO EXECUTE SUCH LEASE CONTRACT.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
WICHITA FALLS , TEXAS , THAT:
That certain lease contract , a copy of which is
attached hereto, from the City of Wichita Falls to Wichita
Falls Boating Club of a lot on the north side of Lake Wichita
for their club facilities , is hereby approved, and the City
Manager is authorized to execute the same for the City of
Wichita Falls .
PASSED AND APPROVED this the 19th day of May, 1987.
l
MAYOR
ATTEST:
City Cl&'rk Page 5 of 5 Pages
Agenda Item No.
10100.1"116 Gill"IL.
1IPP=1"
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
1st day of June, 1987 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 the
J.A. Scott Survey No. 5, 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 BEGINNING: and con-
taining 1.75 acres of land, more or less,
for the term of one (1) year, beginning June 1, 1987 and ending
May 31, 1988 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
Page 2 of 5 Pages
Agenda Item No.
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616 611111111"6.
r
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 condition during
the term of this lease. Lessee further agrees that the use of
the premises shall be restricted to its meetings and for recrea-
tional 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, relinquish said premises to City;
whereupon, City will refund to Lessee that pro-rata part of the
inused rental paid herewith.
i
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 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.
Page 3 of 5 Pages
Agenda Item No.
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B. 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 $300,000.00 per occurrence,
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
Recretion 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 1987.
CITY OF WICHITA FALLS, TEXAS
By:
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
WICHITA FALLS BOATING CLUB
By:
President
Page 4 of 5 Pages
Agenda Item No.
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