Loading...
Res 191-86 12/2/1986r RESOLUTION NO. 191-86 RESOLUTION APPROVING NEW TWENTY YEAR LEASE FORM FOR CABIN SITES AT LAKE KICKAPOO. WHEREAS, by Resolution No. 80-86 , adopted June 3 , 1986, the City Council approved a new lease form for cabin sites at Lake Kickapoo for a term ending September 30 , 1994; and, WHEREAS, a number of Lessees have requested that they be allowed to execute leases for a longer term. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: That certain form of lease, a copy of which is attached hereto, for cabin sites at Lake Kickapoo is hereby approved, and the City Manager is authorized to execute leases on this form for such cabin sites. PASSED AND APPROVED this the 2nd of December, 198 . . L` Li. Illf.a&1 M A Y O R ATTEST: Ji -}k-' -7-36-n7_,W,,1--) City Clerk r 1/1/87 LAKE KICKAPOO LOT LEASE THE STATE OF TEXAS X COUNTY OF WICHITA X This Agreement made and entered into on the day of 19 by and between the City of Wichita Falls, Texas, a municipal corporation, acting through its City Manager, hereinafter called "Lessor" , and hereinafter called "Lessee" , WITNESSETH: Lessor does hereby lease to Lessee the following described real property located in Archer County, Texas , to-wit: Lot No. Block at Lake Kickapoo, Archer County, Texas , according to the plat on file in the office of the Director of Parks and Recreation, Wichita Falls, Texas (herein Premises") , upon the terms and conditions hereinafter set out: 1. Term. The term of this Lease Agreement is twenty (20) years and days ("Primary Term") , beginning on the date of this lease and ending on September 30 , At the expiration of the Primary Term, Lessor agrees to extend this Lease Agreement for an additional period of ten (10) years (herein "Extended Term") , provided Lessee has faithfully carried out and observed all the conditions and restrictions herein stipulated. Should Lessee desire to extend this Lease Agreement for the Extended Term of ten (10) additional years , he shall so notify Lessor in writing at least ninety (90) days prior to the expiration date, and upon receipt of such notice, the Lessor shall furnish the Lessee with written notice of its approval or disapproval of the request and notify Lessee of the amount of the rental payment for the first five years of the Extended Term. 2 . Rental. Lessee agrees to pay to Lessor as rental under this Agreement the sum of Dollars ($ for the period from the date of this lease through September 30 , which sum is due when this Agreement is signed) and the sum of $200 . 00 per year for the period from October 1, through September 30 , said rentals payable annually in advance on or before the first day of October of each year at the office of the Department of Parks and Recreation , 1300 Seventh Street, Wichita Falls, Wichita County, Texas or at such other place as may be designated in writing by Lessor) . On or before the 1st day of October, the annual rental which shall be paid under this Agreement for the period from October 1, through September 30 , shall be established by Lessor in its sole discretion to bring the lease rental payments into accord with the Lake Kickapoo lot lease rental rates in effect at the time the adjustment is made, provided that the rate for 1/1/87 the second five year period and each five year period thereafter during the Primary Term or the Extended Term hereunder shall not exceed 130% of the rate in effect for the preceding five (5) year period. The City Council for the City of Wichita Falls shall have the right in its sole discretion to redetermine and establish the rental due hereunder each five (5) years under the Primary Term or Extended Term of this Lease. Lessor shall notify Lessee thirty (30) days in advance of October 1 of any new five year period as to any increase in the annual rental due hereunder for the subsequent five year period. 3 . Construction. Lessee agrees that any construction on the leased premises shall be done in accordance with plans and specifications approved by Lessor; such plans and specifications shall be furnished by Lessee at Lessee' s expense. A survey of such leased premises by a licensed public surveyor shall be fur- nished to Lessor by Lessee at Lessee ' s expense when requested by Lessor. No building, fence, landing dock or other structure of any kind shall be placed on the leased premises without the written consent of Lessor. No boathouses will be authorized nor built on the lake adjoining the leased premises; however, any such boathouse which was heretofore lawfully built may remain during the term of this lease, or Extended Term, so long as it shall not become a nuisance. 4 . Use. Lessee shall not use the leased premises nor any part thereof for commercial purposes, but only for residential purposes. 5. Maintenance. Lessee agrees that he will keep the leased premises clean of trash, rubbish, garbage and waste matter of all kinds , and will provide such facilities for the disposal of this matter as Lessor shall require, it being recognized by both Lessor and Lessee that the primary purpose of Lake Kickapoo is to supply the City of Wichita Falls with water for human consumption. It is understood that Lessor shall have no obligation to furnish any solid waste collection or disposal system. If and when a residence is constructed or placed on the leased premises, Lessee shall keep the weeds on such property mowed to a height not exceed- ing nine (9) inches. Lessee shall not allow nor maintain on the leased premises any dangerous structure or building or dilapidated building or structure, as those terms are defined in Section 7-25 of the Code of Ordinances of the City of Wichita Falls. 6. Sewage Disposal. Lessee shall provide sewage disposal facilities in accordance with State Health Department standards, and such facilities shall be maintained in proper operating con- dition. Septic tanks shall be the only sewage disposal facility used on the leased premises. 7 . Rules and Regulations. Lessee agrees to obey the follow- ing rules and regulations: a) No farm stock shall be kept on said premises, except as may be sanctioned in writing by a health officer of the City of Wichita Falls . b) Fishing and hunting rights shall be subject to state laws and regulations. c) Lessee shall be solely responsible for any injury incurred on the leased premises by his guests, business invitees , licensees or members of Lessee ' s family. 2 - 1/1/87 d) Said premises shall not at any time be used in any manner or for any purpose in conflict with or contrary to the penal statutes of the State of Texas . e) Lessee shall not make any use of said premises which shall constitute a nuisance. Lessee is under the absolute obliga- tion to use the leased premises and conduct himself so that there shall be no pollution of the waters of Lake Kickapoo. f) Lessee further agrees to abide by any additional rules and regulations promulgated by the Lessor. 8 . Assignment. Lessee cannot assign this Lease nor sublet the leased premises , or any part thereof, to any person, firm or corporation without the prior written consent of Lessor. Such consent of Lessor will not be given if all requirements of this lease contract have not been complied with by Lessee. Otherwise, consent shall not be unreasonably withheld by Lessor. A current septic tank inspection, showing that the system meets all require- ments, shall be furnished by Lessee at Lessee ' s expense before any proposed assignment will be considered by Lessor. Before any assignment of said lot will be binding on Lessor, the same shall be endorsed by the authorized agent of the City of Wichita Falls. Forms for such assignment are avail- able in the office of the Department of Parks and Recreation of the City of Wichita Falls. After such assignment is executed and properly endorsed by Lessor, Lessee herein will be completely released from the operation of this contract, and Assignee will be substituted therefor, and will enjoy all the rights of the Lessee herein, and will be responsible for compliance with the terms of this lease contract just as if such Assignee were the original Lessee. Any transfer of ownership occurring as a result of the death of Lessee under his or her will or the Statutes of Descent and Distribution of the State of Texas shall not be considered an assignment hereunder, and any such person taking ownership by virtue of the death of Lessee shall be bound by the obligations of this lease, and the rights hereunder shall inure to the benefit of any such person, their heirs and assigns, as permitted. 9. Lien for Rentals. Lessee agrees that all buildings or other improvements erected on the premises are charged with a lien in favor of the Lessor for payment of all rentals that may be owed by Lessee to Lessor under this Lease. Said lien shall be subject to any deeds of trust or mechanic ' s liens for the pur- chase price or construction of such buildings or improvements. 10 . Breach of Contract. If the Lessee breaches any of the covenants contained herein, and fails to remedy the breach within thirty (30) days after being notified in writing by Lessor to do so, Lessor shall have the right to cancel this Lease, and shall proceed to dispose of Lessee' s interest therein in the following manner: Lessee shall have sixty (60) days from the date of the cancellation of this Lease Agreement by Lessor in which to dispose of his property to some person or persons satisfactory to Lessor, or Lessee may, during the same sixty (60) days if he prefers, remove any improvements he has placed on the premises, but if Lessee chooses to remove his improvements, he shall not damage any property belonging to Lessor or to any other person. If, at the expiration of such sixty (60) day period, Lessee has not 3 - 1/1/87 disposed of his interest in the leased premises and has not removed his improvements therefrom, Lessor shall have the right to enter upon said premises and sell to the highest bidder at either a public or private sale all of Lessee' s interests in this Lease and the improvements placed on the premises . The receipts from said sale shall be applied first to the expense of holding the sale, second to any indebtedness owed by Lessee to Lessor, and the remainder shall be paid to Lessee and shall be received by him as full payment of and for all of his rights , title and interest in and to the leased premises and all improvements thereon. Provided, however, that said sixty (60) day waiting period shall not prevent Lessor' s right to immediate action to abate any nuisance. Failure to terminate the Lease by Lessor for a breach will not constitute a waiver of the right to terminate the Lease for future breaches. 11. Water Level. It is further agreed and understood by and between the Lessor and Lessee that in the event Lessor desires to use the within-described property for the purpose of raising the water level in Lake Kickapoo by raising the dam thereof, then Lessor may give the Lessee notice in writing of such desire and upon receipt of the same, Lessee shall forthwith remove any improve- ments that he has on said lands so that such will not conflict with the use of the property as desired by Lessor. A letter directed to the last known address of the Lessee, as shown by the records of the Director of Parks and Recreation, shall be construed to be adequate notice under this provision. In the event Lessee fails to remove his property from the lands within 120 days after such notice, Lessor may remove the same, and Lessee agrees to pay Lessor for the cost thereof, including the reasonable cost of supervision. Rent shall be prorated for the time actually used by Lessee. 12 . Liability for Termination. In no event shall Lessor, its agents, servants or employees, be liable for any damages , breach of contract or any action in the nature of a trespass of any kind or character for terminating this Lease under the pro- vision hereof. 13 . No Warranties. Lessor makes no warranties as to the suitability of the leased premises for any purpose. Lessor is not responsible for any latent defects in the leased premises. Lessor makes no representations as to the matter of whether or not the leased premises are subject to or may be overflowed, as this is a hazard assumed wholly by Lessee. 14 . Mortgage of Premises. If the applicable improvements have been approved by Lessor as hereinabove provided, Lessee may secure any obligation incurred to finance such improvements upon the premises by lien upon them and upon Lessee ' s rights in the leased premises. If the assignment of lease has been approved by Lessor as hereinbefore provided, Lessee, or his assigns, may secure any obligation incurred for the sale and purchase of improvements upon the premises by lien upon such improvements and upon Lessee' s rights in the leased premises. Lessor shall, provided that it has been placed upon written notice of the existence of a lien and of the name and address of the lienholder, notify the lienholder in writing of any default in Lessee' s obligation under such lease. The lienholder shall have sixty (60) days from receipt of said notice within which to cure said default, and, should said default not be cured within such sixty (60) day period and should this lease be terminated as a result thereof, the lienholder shall 4 - 1/1/87 have an additional thirty (30) days to remove the improvements covered by the lien upon the leased premises, provided that the condition of the leased premises shall not, as a result of such removal , be made substantially poorer than its condition as of the commencement of this lease. No consent of Lessor shall be required for foreclosure of any such lien nor, should the lien- holder succeed to the Lessee ' s right hereunder as a result of foreclosure, shall Lessor' s consent be required to assignment by the lienholder of the rights thus acquired. 15. Mobile Home. If a mobile home is now located on the leased premises , it will be allowed to remain as long as it meets all other standards contained herein. If it is destroyed or removed, it may be replaced by another mobile home of equal or larger size which meets all other standards herein. 16. Public Roads. In addition to the rental provided for herein, Lessor shall have the right to charge Lessee an annual fee for his fair share of the reasonable and necessary costs, as determined by Lessor' s City Council, of repairing and maintaining the public roads at Lake Kickapoo. If such a fee is charged, Lessor shall notify Lessee in writing of such fee and the amount thereof, and it shall be paid in advance at the same time the rental is due. If Lessee fails to pay such fee within thirty 30) days after its due date, Lessor may cancel this Lease. 17 . Solid Waste Collection and Disposal System. If, in the opinion of Lessor' s City Council, it becomes necessary to establish a solid waste collection and disposal system, Lessor may charge Lessee his fair share of the reasonable and necessary costs, as determined by such City Council, of providing such system. If such a fee is charged, Lessor shall notify Lessee in writing of such fee and the amount thereof, and it shall be paid in advance at the same time the rental is due. If Lessee fails to pay such fee within thirty (30) days after its due date, Lessor may cancel this Lease. 18 . Entire Agrement. This written contract constitutes the entire agreement between the parties hereto. CITY OF WICHITA FALLS, TEXAS By: City Manager ATTEST: City Clerk APPROVED AS TO FORM: City Attorney Lessee Address City Zip Code 5 -