Res 025-85 2/19/1985RESOLUTION NO.
Sr
RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER
TO EXECUTE A LEASE AGREEMENT WITH THE WICHITA FALLS
BOATING CLUB FOR A LOT ON THE NORTH SIDE OF LAKE
WICHITA.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS,
TEXAS, THAT :
That certain lease agreement between the City of Wichita Falls
and the Wichita Falls Boating Club for the lease of land on the
North Side of Lake Wichita, a copy of which is attached hereto, is
hereby approved, and the City Manager is authorized to execute such
lease agreement for the City of Wichita Falls.
PASSED AND APPROVED this the 19th day of February, 1985 .
A Y
Ogb'
ATTEST :
Ci y Clerk
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, 1985, 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 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 containing 1.75 acres of land, more or less,
for the term of one (1) year, beginning June 1, 1985 , and ending
May 31, 1986 , 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 as 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 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
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 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.
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8 . Lessee shall indemnify and hold harmless City from
all claims for damages arising out of the use of said land.
Lessee shall carry liability insurance with limits of $100, 000
per person and $300 , 000 per occurrence for bodily injury, and
25 , 000 for property damage.
The parties hereto have caused these presents to be
executed by their duly authorized officers as of the day and
year first above written.
SIGNED this day of 1985 .
CITY OF WICHITA FALLS , TEXAS
By:
James Berzina, City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
WICHITA FALLS BOATING CLUB
By:
President
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