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Res 153-84 8/21/1984n RESOLUTION NO. 6- 1..L9 RESOLUTION APPROVING AGREEMENT FOR HORSE RIDING STABLE AT LUCY PARK. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: That certain agreement, a copy of which is attached hereto, between the City of Wichita Falls and Jimmy J . Johnson, for a horse riding stable at Lucy Park, is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls . PASSED AND APPROVED this the 21st day of August, 1984 . lam, A Y O R ATTEST: Cit 11) L Clerk AGREEMENT FOR RIDING STABLE AT LUCY PARK This agreement made and entered into this the 21st day of August, 1984, by and between the City of Wichita Falls, hereinafter called "City" , and Jimmy J. Johnson, hereinafter called "Johnson" , WITNESSETH: For and in consideration of the mutual covenants herein contained, the parties hereto do hereby agree as follows: 1 . Johnson is hereby granted the right to operate a horse riding stable at Lucy Park for the period from August 22, 1984 , through December 31, 1984 . 2 . Johnson may rent horses to the public for riding in Lucy Park, which riding shall be done on a horse trail which will be established by the Director of Parks and Recreation. 3 . Johnson shall provide a tie rack and water line to the approved starting point. If there is enough demand for riding, Johnson may move in a small camping trailer to be .used as an office, and two portable restrooms . All such facilities, and their location, must be approved by the Director of Parks and Recreation or his designee. 4 . Johnson will be responsible for the cost of installation of all utilities, and for payment for utilities used. 5 . Johnson shall also have the right to sell soft drinks at the starting point. Ihnson shall pay to City 10% of the gross revenues receivit., him from the fees charged for riding the horses, and 16 one Dss revenue received by him from the sale of soft drink . The percentage due City shall be turned in every Monday to the City Parks and Recreation Department office in the Municipal Auditorium building. 7 . Johnson shall indemnify and hold City harmless from all claims for damages arising out of the operation of this business. In addition, he shall carry one million dollars combined single limit general liability insurance. 8 . Any signs which are to be used by Johnson must be approved before their erection by the Director of Parks and Recreation or his designee. 9 . Johnson shall be responsible for the cleaning up of trails and the hitching area, and for the control of insects attracted by this business. Cleaning up of manure and control of insects shall be carried out in a manner which is required by generally accepted health standards . 10 . In the event Johnson breaches any of the covenants contained herein, or operates in a manner which is detrimental to the health and safety of persons, or is detrimental to property in the park, and such breach or detrimental practice is not zorrected upon written notice by the City, the City may terminate this lease. Also, if Johnson fails to provide the service authorized herein, and such failure continues after written notice by City, the City may terminate this lease. This agreement executed as of the day and year first set out above. CITY OF WICHITA FALLS, TEXAS By: City Manager ATTEST: City Clerk APPROVED AS TO FORM: City Attorney Jimmy J. Johnson 2