Res 128-82 8/17/1982RESOLUTION NO. 128-82
RESOLUTION APPROVING AND AUTHORIZING THE CITY
MANAGER TO EXECUTE A LEASE AGREEMENT WITH THE
TEXAS PARKS AND WILDLIFE DEPARTMENT FOR THE
PROPOSED BOAT LAUNCHING FACILITY AT DEER CREEK
PARK AT LAKE ARROWHEAD.
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, between the City of Wichita Falls and the Texas Parks
and Wildlife Department, is hereby approved, and the City Manager
is authorized to execute the same for the City of Wichita Falls.
PASSED AND APPROVED this the 17th day of August, 1982.
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A Y O R
ATTEST:
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Cit Clerk
LEASE AGREEMENT
THE STATE OF TEXAS X
COUNTY OF CLAY X
This agreement made and entered into this the
day of August, 1982 , by and between the Texas Parks and Wild-
life Department ("Lessee") and the City of Wichita Falls, Texas,
Lessor") , each acting herein by and through its duly authorized
officers.
WITNESSETH
WHEREAS, Lessor owns a tract of land hereinafter described
on which Lessee desires to construct, maintain and operate a boat
launching facility; and,
WHEREAS, Lessor desires to grant a leasehold property interest
for the aforesaid purposes and perform certain maintenance and
operational duties.
NOW, THEREFORE, in consideration of the premises and the
agreements herein contained, Lessor hereby leases, demises, and
lets unto Lessee for the purpose of constructing, maintaining
and operating a boat launching ramp and associated support
facilities all that certain tract of land situated in Clay County,
Texas, being more particularly described on Exhibit A, which is
attached hereto, containing 2 . 63 acres, more or less.
This lease is made subject, however, to the following terms
and conditions:
1. The term of this lease shall be from the day and year
above written for a period of twenty-five years unless and until
terminated as provided herein.
2 . It is understood and agreed the Lessee may at its option
at any time during this lease term cease the operation of said
boat ramp facilities by serving written notice on the Lessor in
which event and thereupon this lease shall automatically terminate
and the leasehold interest shall revert automatically to the
Lessor without suit or reentry and without any further obligation
to the Lessee.
3. It is understood and agreed that the Lessee shall con-
struct or cause to be constructed on the leased premises a boat
launching ramp and appurtenances. Title to all such improvements
shall be in the Lessor.
4 . It is understood and agreed the Lessor shall at its sole
expense maintain the said facility at all times during the lease
term in a clean, neat and sanitary condition. In this connection,
the Lessor agrees to keep the leased premises free of litter and
the grass mowed. Further, the Lessor covenants to keep the
facility under surveillance sufficiently to preclude it from
becoming a nuisance or hazard to the public or adjacent property
owners.
5. It is agreed and understood the operation of the said
facility shall be exclusively under the control of and governed
by the Lessee.
IN WITNESS WHEREOF, this agreement is executed and effective
as of the day and year first above written.
CITY OF WICHITA FALLS
By:
Stuart A. Bach, City Manager
TEXAS PARKS AND WILDLIFE
DEPARTMENT
By:
Charles D. Travis,
Executive Director
STATE OF TEXAS
COUNTY OF WICHITA
BEFORE ME, the undersigned authority, on this day personally
appeared Stuart A. Bach, City Manager, known to me to be the person
whose name is subscribed to the foregoing instrument, and acknowledged
to me that he executed the same for the purposes and consideration
therein expressed.
GIVEN under my hand and seal of office this the day
of 1982.
Notary Public in and for
Wichita County
STATE OF TEXAS
COUNTY OF CLAY
BEFORE ME, the undersigned authority, on this day personally
appeared Charles D. Travis, Executive Director, known to me to be
the person whose name is subscribed to the foregoing instrument,
and acknowledged to me that he executed the same for the purposes
and consideration therein expressed.
GIVEN under my hand and seal of office this the day
of 1982 .
Notary Public in and for
Clay County, Texas