Res 161-82 9/21/1982s3
Y
RESOLUTION NO.
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 for the proposed boat launching facility
at Deer Creek Park 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 21st day of September, 1982.
4011111.
1..P-
A Y 0 R
ATTEST:
A:67)-644AitY
City 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 Wildlife Depart-
ment ("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 agree-
ments 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
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 construct
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 keep 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.
6. Lessee will be responsible for any annual maintenance
costs for the duration of the lease, provided that Texas Parks and
Wildlife Department approval is secured prior to expenditure.
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, Texas