Res 2793 6/2/1981RESOLUTION NO. 2793
RESOLUTION APPROVING CONSTRUCTION AGREEMENT
WITH TEXAS PARKS AND WILDLIFE DEPARTMENT FOR
BOAT RAMP FACILITY AT DEER CREEK PARK AT LAKE
ARROWHEAD, APPROVING A LEASE AGREEMENT TO SUCH
DEPARTMENT FOR SUCH FACILITY, AND AUTHORIZING
FILING OF AN APPLICATION.
WHEREAS , the City of Wichita Falls is desirous of providing
for the construction of a boat ramp facility on Lake Arrowhead
at Deer Creek Park; and,
WHEREAS, the State of Texas, acting through the Texas Parks
and Wildlife Department, would provide for such construction;
and,
WHEREAS, the construction of such a facility would be
of benefit to the citizens of Wichita Falls as well as transient
boaters from the State and other states.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN
OF THE CITY OF WICHITA FALLS , TEXAS, THAT :
SECTION 1. The City of Wichita Falls will enter into a
construction agreement with the Texas Parks and Wildlife
Department to provide for this construction on a reimbursement-
for-cost basis.
SECTION 2 . Stuart A. Bach, City Manager, is hereby
authorized to sign any and all documents pertaining to the
construction.
SECTION 3 . That the City of Wichita Falls will , upon
completion, furnish the necessary lease agreement or land
documents to the Texas Parks and Wildlife Department, on a
a form similar to the sample attached hereto.
SECTION 4 . The City will perform the necessary
housekeeping and minor maintenance at said facility, minor
maintenance being defined as necessary repair not necessitating
special tools, skilled labor, or large purchase of material.
The City agrees to pick up trash, mow and otherwise maintain
the said facility in a clean, neat and sanitary condition
and to keep the area under surveillance to eliminate the
possible creations of a nuisance or hazard to the public or
adjacent property owner.
SECTION 5. The City Manager is hereby authorized to file
with such Department an application for a grant for a share of
the cost of such facility.
PASSED AND APPROVED this the 2nd day of June, 1981.
M A Y O R
ATTEST:
City Clerk
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6/80
SAMPLE
LEASE AGREEMENT
THE STATE OF TEXAS !
COUNTY OF
This agreement made and entered into this day of
by and between the Texas Parks and Wildlife Department ("Lessee") and
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 d esires 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
County, Texas being more particularly described as follows:
legal description)
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.
agreed the Lessee may its o2. It is understood and ag y at 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 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 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.
Lessor)
by:
STATE OF
COUNTY OF
BEFORE ME, the undersigned authority, on this day personally appeared
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
1980.
Notary Public in and for
County, Texas
TEXAS PARKS AND WILDLIFE DEPARTMENT
by:
CHARLES D. TRAVIS, EXECUTIVE DIRECTOR
STATE OF
COUNTY OF
BEFORE ME, the undersigned authority, on this day personally appeared
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
1980.
Notary Public in and for
County, Texas
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