Res 074-83 4/19/1983RESOLUTION NO . *,A54
RESOLUTION APPROVING LEASE AGREEMENT OF LAND IN OLD
HALSELL TOWNSITE AT LAKE ARROWHEAD AND AUTHORIZING
CITY MANAGER TO EXECUTE THE SAME .
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA
FALLS, TEXAS, THAT:
That certain lease agreement, a copy of which is attached
hereto, from the City of Wichita Falls to Claude Draper covering
all of Blocks 14 , 23, and 26 of the old Halsell Townsite at Lake
Arrowhead which are owned by the City of Wichita Falls 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 April, 1983 .
Y O R
ATTEST:
AL2--e424-'
City Clerk
STATE OF TEXAS X
COUNTY OF CLAY X
This agreement made and entered into this the day of
1983, by and between the City of Wichita Falls,
Texas, acting by and through its Acting City Manager, hereinafter
called Lessor, and Claude Draper, hereinafter called Lessee,
WITNESSETH:
Lessor hereby leases to Lessee, upon the terms and conditions
hereinafter set out, the following described real property situated
in Clay County, Texas, to-wit:
All of Blocks 14 , 23 , and 26 of the Original Town Site of
Halsell as shown on the plat of record in the Office of
the County Clerk of Clay County, Texas, save and except
any part of such blocks which lie below elevation 930
feet m. s. 1. , and save and except the lots out of such
blocks which are not owned by the City of Wichita Falls.
1. The term of this lease shall be a period of twenty-five
years, beginning on the date hereof.
2. Lessee shall pay to Lessor rental in the amount of Sixty
dollars per year during the life of this lease, which rental shall
be payable annually in advance, the first rental payment being due
upon the execution of this lease, and a like payment due each year
thereafter on the anniversary date of this lease.
3. The leased premises are adjacent to Lake Arrowhead, and
Lessee agrees that he will keep the leased premises clean of trash,
rubbish, garbage and waste matter and will provide such facilities
for the disposal of this matter as the Lessor shall require, it
being recognized by both Lessor and Lessee that the primary purpose
of Lake Arrowhead is to supply the City of Wichita Falls with water
for human consumption. Lessee is under the absolute obligation to
so use the leased premises and conduct himself so that there shall
be no pollution of the waters of Lake Arrow?%mad: '
4. Lessee shall not use the leased premises nor any part
thereof for residential or commercial purposes. Lessee may construct
a fence on the leased premises at his own expense after receiving
a permit from the Parks and Recreation Department.
Lessee shall not assign this lease, nor sublet the whole
or any part of the said premises without the written consent of
Lessor. If Lessor does agree to approve the proposed assignment
of the leased premises , Lessor agrees to execute to Lessee' s
purchaser or grantee, a new lease and to void Lessee' s lease.
Such new lease between Lessor and Lessee' s purchaser or grantee
shall be of the same terms and conditions as the lease executed
between Lessor and Lessee and shall be for the balance of the term
of years originally granted Lessee.
6 . Lessee agrees to obey the rules and regulations established
by the City of Wichita Falls governing the use of Lake Arrowhead.
Lessee further agrees to abide by any additional rules and regula-
tions promulgated by Lessor. Such rules and regulations governing
the use of Lake Arrowhead are hereby expressly incorporated into
this contract and made a part hereof.
7 . If Lessee fails to pay the prescribed rental within thirty
days after its due date, Lessor may terminate this lease. If
Lessee breaches any other covenant contained in this lease, and
fails to remedy such breach within thirty days after having been
given written notice by Lessor of such breach, Lessor may terminate
this lease.
8. In addition to the above described leased premises, Lessor
agrees to execute a written permit to Lessee-, permitting Lessee to
occupy and use the property between the 930 foot elevation and the
926 foot elevation (spillway elevation) . In exchange for the right
of Lessee to occupy and use these premises, Lessee promises to
release the Lessor from any possible liability from damage to these
premises or to any structures located thereon caused by overflow
and flooding.
9 . Lessor makes no warranties as to the suitability of the
leased premises for any purpose, and 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.
2-
Lessor is not responsible for any latent defects in the leased
premises. Lessee shall be solely responsible for any injuries
incurred by Lessee, members of Lessee' s family, or by any persons
on the premises with Lessee 's permission.
10 . It is understood and agreed that, in the event that Lessor
should decide to use the land herein leased as a part of a future
park, Lessor shall have the right to terminate this lease by
giving Lessee written notice thereof not less than 120 days prior
to such termination. In that event, Lessee shall remove his
improvements from such leased premises.
11. The rights of Lessee shall be subject to any oil, gas
and/or mineral lease Lessor may execute on this property.
12 . Lessor' s officers and employees shall have access over
this land to Lake Arrowhead whenever they deem it necessary or
expedient.
IN WITNESS WHEREOF, the parties hereto have executed this
agreement as of the day and year set out above.
CITY OF WICHITA FALLS, TEXAS
Acting City Manager
ATTEST:
City Clerk
Claude Draper