Res 128-83 7/5/1983I
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RESOLUTION NO. 128-83
RESOLUTION APPROVING AND AUTHORIZING CITY MANAGER
TO EXECUTE A LEASE AGREEMENT AT LAKE ARROWHEAD
WITH THE WICHITA FALLS RADIO CONTROL CLUB FOR A
MODEL AIRCRAFT FACILITY .
BE IT RESOLVED BY THE CITY COUNCIL 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 the Wichita Falls Radio
Control Club, for a model aricraft facility at Lake Arrowhead, is
hereby approved, and the City Manager is authorized to execute the
same for the City of Wichita Falls .
PASSED AND APPROVED this the 5th day of July, 1983 .
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A Y O R
ATTEST:
r')ZAL . ' `e'.1,4 %
City Clerk
V
STATE OF TEXAS X
COUNTY OF WICHITA X
THIS AGREEMENT, made and entered into on the alb day of
SEI,TEWIb€R 1983 , by and between the City of Wichita Falls,
a municipal corporation, acting through its City Manager, hereinafter
called Lessor, and the Wichita Falls Radio Control Club, a non-profit
corporation, hereinafter called Lessee,
WITNESSETH:
For and in consideration of the sum of One Dollar ($1 .00) per
year, payable on or before the first day of June each year during the
life of this contract, Lessor leases to Lessee for a period of
twenty-five (25) years the following described real properties, to-wit:
22 .957 Acres Out of Park Site
Southwest Side Lake Arrowhead.
Commencing at the Southeasterly corner of
Lot 1, Section W-2 Lake Arrowhead, also
being the Northwesterly end of a curve that
has a radius of 281 .14 feet;
Thence North 63° 06 ' East, 1, 060 .38 feet
to the beginning of this tract;
Thence South 08° 24 ' West 1, 000 .0 feet
to a point in a fence line;
Thence South 81° 36 ' East 1, 000 .0 feet
along a fence line;
Thence North 08 ° 24 ' East 1, 000 .0 feet;
Thence North 81° and 36 ' West to the place
of beginning and containing 22 .957 acres
of land.
1 . Lessee agrees to prepare and seed grass runways on the
above described lot in accordance with a plat plan prepared by a
licensed -engineer, supplied by Lessee to the Lessor at Lessee' s own
expense; provided, however, at the option of Lessor, Lessee may be
required to construct asphalt runways instead of grass runways .
Lessee also agrees to provide building plans and specifications to
Lessor at Lessee ' s own expense prior to construction of all buildings,
and such plans must be approved by the City of Wichita Falls Building
Plan Review Committee . All landscape improvements to said lot must
also be approved by the Parks and Recreation Department.
2 . Lessee agrees to comply with all City of Wichita Falls
building codes and regulations during the construction of any structure
on the leased premises and at any time any building or structure is
remodeled, expanded or repaired.
3 . Lessee agrees to secure all building, electrical and plumbing
permits required under the provisions of the City of Wichita Falls
Building Code for the construction, remodeling, expansion or repair
of any structure located on the leased premises .
4 . Lessee agrees that the leased premises will be used exclu-
sively for activities pertaining to the flying of radio control model
aircraft. Lessee also agrees that it will keep an open membership
and not discriminate against any person on the basis of race, color,
religion, sex, or national origin.
5. Lessee agrees to maintain the exterior appearance of the
leased premises and all buildings placed thereon to the satisfaction
of the Director of the Parks and Recreation Department of the City of
Wichita Falls .
6 . Lessee agrees that all buildings placed on the leased premises
will be identified by appropriate signage, conspicuously placed on or
near each building.
7 . Lessee agrees it will construct no piers, wharves, floating
boathouses, docks and/or barges or other facilities on the lake,
without a written permit granted by the City of Wichita Falls for such
construction. All construction must be done in accordance with City
specifications .
8 . Lessee agrees to place no fences or other structures, except
as expressly provided herein, upon the leased premises without the
express written consent of the Lessor .
9 . Lessee agrees that it 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 itself so that there shall be no pollution
of the waters of Lake Arrowhead.
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10 . Lessee shall provide sewage disposal facilities in accordance
with State Health Department and City of Wichita Falls standards.
Septic tanks shall be the only sewage disposal facility used on the
leased premises. The septic tanks shall be at least seven hundred and
fifty (750) gallon capacity with tile drain field of one hundred and
fifty (150) feet or more if pressure water system is used.
11 . Lessee agrees that it will not use the leased premises, nor
any part thereof, for commercial purposes, but only for the purpose of
providing facilities for flying radio-control model aircraft.
12 . In order to prevent real estate speculation and insure orderly
development of the residential lot areas, Lessee covenants that it will
not assign this lease, nor sublet the whole or any part of the said
premises, without the written consent of the Lessor. If Lessor does
agree in writing to approve the proposed conveyance of the whole or any
part of the leased premises, the Lessor agrees to execute to the Lessee' s
purchaser or grantee, a new lease and agrees to void Lessee ' s lease.
Such new lease between Lessor and Lessee ' s purchaser or grantee shall be
on the same terms and condition as the lease executed between Lessor and
Lessee and shall be for the balance of the term of years originally
granted Lessee.
13 . Lessee agrees that all buildings or other improvements placed
on said premises are charged with a lien in favor of the Lessor for
payment of all rentals that may be owed by Lessee to Lessor for such
premises. Said lien shall be subject to any deeds of trust or mechanic' s
liens outstanding against any buildings or other improvements placed on
said premises.
14 . Lessee agrees to obey the rules and regulations established by
the City of Wichita Falls governing the use of Lake Arrowhead. The
original list of these rules and regulations is on file in the City
Clerk' s office , and a copy has been given to Lessee. Lessee further
agrees to abide by any additional rules and regulations promulgated by
Lessor. Said additional rules and regulations are to be published one
time in a newspaper of general circulation within the City of Wichita
Falls. These rules and regulations governing the use of Lake Arrowhead
are hereby expressly incorporated into this contract and made a part hereof.
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15 . If Lessee breaches any express or implied covenants of this
contract, 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 person 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 in doing so, damage to any extent any property belonging to
Lessor or to any other person. If at the expiration of such sixty (60)
day period, Lessee has not disposed of his interests in the leased
premises or has not removed his improvements therefrom, Lessor shall
have the right to enter upon the premises and sell to the highest bidder
at either a public or private sale all of Lessee' s interests in these
premises and the improvements placed thereon. The receipts from the
sale shall be applied first to the expense of holding the sale, second
to any deeds of trust or mechanic' s liens outstanding against any building
or improvements placed on the premises, third, 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 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 Lessee to pay the prescribed16 . In the event of the b y pYp
rental for a period of thirty days after its due date, this lease shall
automatically terminate. 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 buildings
or structures located thereon caused by overflow or flooding. No other
rights are granted herein or any to be permitted or allow hereunder
except to the lands described in this instrument.
17 . Lessor makes no warranties as to the suitability of the leased
premises for any purposes. Lessor is not responsible for any latent
defects in the leased premises. Lessor makes no representations as to
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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 .
Lessee shall be solely responsible for any injuries incurred by his
guests, business invitees, or members of Lessee' s organization.
18 . Lessee is granted an option to extend the time of this lease
twenty-five (25) years under the same terms and conditions as herein
set out . If Lessee elects to exercise this option, it shall notify
Lessor in writing of such election before the expiration date hereof.
19 . Lessee agrees that this lease is non-transferrable .
20 . In no event shall the City of Wichita Falls (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 provisions herein.
21 . If Lessee should fail to use the leased premises for activities
pertaining to the flying of radio control model aircraft for a period
of one year, the City may terminate this lease.
22 . The opinion of the majority of the City Council as to the
necessity of cancellation of such lease shall be conclusive upon
the parties hereto.
23 . If, during the term of this lease, Lessor determines that
the premises herein leased are needed for another public purpose,
Lessor shall have the right to terminate this lease, in which event
Lessor shall pay Lessee the replacement cost, less depreciation, of
Lessee 's improvements on the property.
CIT. OF W ' HITA ' • ' , TEXAS
B
ty Ma :ger ( sor)
ATTEST:
City Clerk
Wic{,d& Fa!Is (txcl.iu an:61 Club
Lessee
Approved as to form: By :
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