Res 2589 7/22/1980RESOLUTION NO. X_9W-
RESOLUTION APPROVING CANCELLATION OF LAKE
KICKAPOO STORE LEASE AND APPROVING NEW LEASE
OF STORE TO MARY DENNEY.
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS, TEXAS, THAT:
That certain lease between the City of Wichita Falls and
Marge Fenner for the operation of a store at Lake Kickapoo is,
as requested by the lessee, hereby cancelled; and that certain
lease, a copy of which is attached, for the lease of that same
store to Mary Denney, is hereby approved, and the City Manager
is authorized to execute such lease for the City of Wichita
Falls.
PASSED AND APPROVED this the 22nd day of July, 1980.
M A Y O R
ATTEST:
74(-/zr' 5/7:1.,..)--zit-s:/--/
City Clerk
STATE OF TEXAS X
COUNTY OF WICHITA X
This agreement made by and between the City of Wichita
Falls, Wichita County, Texas, a municipal corporation, acting
by and through Gerald G. Fox, its City Manager, hereinafter called
Lessor, and Mary Denney, of Archer County, Texas, hereinafter
called Lessee, on the day of July, 1980.
1)
For and in consideration of the money payments herein
specified, and the covenants and conditions herein to be met
by the Lessee, Lessor herein does hereby lease to Mary Denney,
Lessee, the following described lands and premises situated in
Archer County, Texas, to wit:
Tract No. 1 - Beginning at the northeast
corner of the A.T.N.C. Survey, Block 111 ,
Archer County, Texas;
Thence west 2 ,387 . 0 feet;
Thence south 1, 031. 0 feet;
Thence S 68 degrees 21 ' E 275. 5 feet, to
the southwest and beginning corner of this
tract;
Thence N 21 degrees 39 ' E, 100 feet;
Thence S 68 degrees 21 ' E, 500 feet;
Thence S 21 degrees 39 ' W, 82 . 8 feet;
Thence N 89 degrees 16 ' W, 48 . 6 feet;
Thence N 68 degrees 21' W, 455. 0 feet to
the beginning of this tract.
This tract is leased for grocery store, etc.
Tract No. 1A-Beginning at the northwest
corner of Tract No. 1 described herein,
said point being the beginning of Tract
No. 1A;
Thence N 21 degrees 39 ' E, 330. 0 feet;
Thence S 68 degrees 21 ' E, 500. 0 feet;
Thence S 21 degrees 39 ' W, 330. 0 feet;
Thence N 68 degrees 21 ' W, 500. 0 feet to
the point of beginning.
This tract is leased for residence, etc.
Tract No. 2 - Beginning at the northeast
corner of the A.T.N.C. Survey, Block 111,
Archer County, Texas;
Thence west 2, 387 . 0 feet;
Thence south 1 , 943 . 0 feet to the northwest
corner and beginning corner of this tract;
Thence S 87 degrees, 00 ' E, 331. 0 feet;
Thence S 3 degrees, 00' W 113. 0 feet;
Thence S 86 degrees, 58 ' W along the high water
line (elevation 1050) , 326 . 5 feet;
Thence north 148 . 0 feet to the beginning
corner of this tract and containing 0. 985
acres, more or less.
This tract is leased for boat docking, stor-
age, etc. Tract No. 2 may be relocated
to any like area between such present
location and the North end of the dam as
may be mutually agreed upon between
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such present location and the North end
of the dam as may be mutually agreed
upon between Lessee and the City Manager.
2)
That a true and correct plat of such premises is attached
hereto and identified by ofyboth the parties and represents
a proper survey made of the premises by the Engineering
Department of the City of Wichita Falls.
3)
That the consideration for the granting of the leasehold
estate herein demised is as follows:
Lessee is to pay Lessor the sum of Six Hundred Sixty
and No/100 Dollars each year, payable on the basis of Fifty-five
Dollars per month, in advance, such monthly payment to be due
and payable on the first day of each month during the term of
this contract, together with theg payment by the Lessee to the
Lessor of an amount equal to 2 . 25% of the gross revenue of
the business conducted on these premises of whatever kind or
character in excess of Twenty Thousand and No/100 Dollars up
to and including Forty Thousand and No/100 Dollars; 5% of
the gross revenue of the business over the sum of Forty
Thousand and No/100 Dollars up to and including Sixty
Thousand and No/100 Dollars; and 10. 0% of the gross revenue
of the business over the sum of Sixty Thousand and No/100
Dollars of the preceding calendar year, on or before the
22nd day of May of each year during the life of the contract
or any extension of this lease.
4)
That the term of this lease is for a period of seven (7)
years beginning the 1st day of August, 1980.
5)
The Lessor agrees not to lease to any person the area
shown on the attached map which is marked off and designated
as "boundary for commercial rights" or any other area on the
North side of said lake for any similar business to that to
be conducted by the Lessee hereunder. Lessor further agrees
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Lessor further agrees not to lease to any person any area
for commercial purposes, whether on the shore or on the
water, on the north side of Lake Kickapoo. Such "north
side" as here used shall mean that side of Lake Kickapoo
lying north of the channel of the Little Wichita River.
6)
The Lessee has the option to extend the term of this
lease for an additional period of ten (10) years beginning
August 1, 1987 by giving notice thereof in writing to the
Lessor of her desire to do so at least sixty (60) days prior
to August 1, 1987.
7)
It is understood and agreed by and between the parties
hereto that the premises covered by this lease are on the
watershed to Lake Kickapoo and the primary use of said Lake
Kickapoo is as a city water supply for the City of Wicita Falls,
Texas, Lessor, and that a secondary use thereof is for the
purpose of recreation for the citizens of Wichita Falls and
the public generally, and in consideration of the granting
of the leasehold interest hereof, Lessee covenants and agrees
as follows :
a) Lessee agrees that any and all future buildings
placed on the leased premises shall be on a site approved
by the Lessor.
b) Lessee agrees to operate a general store in the
main building located on Tract No. 1, and to stock good qual-
ity merchandise such as is kept in like places of business,
specifically ice, soft drinks, staples, convenience store
type groceries, fishing tackle, and if desired, boats and
motors for rent to patrons, motor fuel, gasoline, oil, and
etc. Enumeration of these specific items is not a limitation,
but is a designation of the class of the stock of merchandise
to be stocked by the Lessee. Lessee agrees that prices to
be charged for such merchandise and services shall be comparable ,
with convenience store prices charged in the City of Wichita Falls,
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c) Lessee may, at her option, build any dock, fence,
pier, or any other structure on the leased premises with the
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prior written approval of the City Manager as to location, size
and quality.
d) Lessee agrees that she will keep the said store on
said premises open for the public for business at all reason-
able hours, including such hours that are necessary to the
service to patrons for fishing tackle, boats, motors, fishing
bait; and that the game shall be kept open for not less than
six (6) hours out of each 24-hour day, at least 6 days a
week. Hours will be posted on exterior of building in public
view.
e) The leased premises shall be kept clean by the Lessee
and she shall provide for disposal facilities for waste
matter, trash, and garbage as required by the Lessor, and par-
ticularly that said premises shall be kept free from anything
that would likely contaminate the water in said Lake Kickapoo.
Sewage disposal facilities shall be provided by the Lessee in
accordance with the requirements of the Health Department of
the City of Wichita Falls, and the requirements of the Health
Department of the State of Texas.
f) Lessee agrees that no livestock shall be kept on
the leased premises designated Tract No. 1 and Tract No. 2 .
Tract No. lA may be used for the keeping of livestock for
personal use only providing that Tract No. lA be fenced and
kept separately from Tract No. 1 . The premises shall be kept
clean and free of all paper, cans, and garbage in accordance
with City of Wichita Falls ordinance requirements now or
hereafter enacted; and all garbage shall be kept in containers
which shall be furnished in sufficient quantities to meet
the requirements of keeping the premises clean and free from
any debris or trash.
g) Lessee agrees to use a reasonable degree of care
to prevent improper conduct on the part of any person or persons
on the premises, including members of her own family or her
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guests , while on or near the premises; that the premises herein
leased shall be used for no purposes in violation of any penal
law of the State of Texas, or in violation of any of the
laws of the City of Wichita Falls, or any rules and regula-
tions with reference to the conduct and maintenance of Lake
Kickapoo .
h) Lessee agrees that she will not assign this lease
and will not sublease any part of the premises without first
having obtained the "written permission of the City Manager.
Lessee agrees that she will notify Lessor prior to placing
said lease for sale or offering for assignment or subleasing
all or any part of the premises. However, Lessee is hereby
specifically granted the right, at her option, to enter into
a partnership with a third party either in the present business
or for the expansion thereof, so long as Lessee continues to
actively manage such business, and Lessor shall be notified
of such change as soon as practical after it occurs.
i) Lessee agrees that she will keep a record of all
transactions of customers and furnish Lessor a report of all
her gross revenue and also her income on said property on or
before the 1st day of May during the life of this agreement,
and agrees that the Lessor may at any time, at its own expense,
audit and check the Lessee ' s records in order to arrive at
the amount of money Lessee shall pay to Lessor because of the
percentage of gross revenue over $20, 000. 00 per year as
provided in this contract.
j) Lessee agrees to construct a water system of some
kind or character adequate to meet the needs of her sanitary
toilets and agrees that she will keep septic tanks to take
care of waste matter, such water system and septic tanks to
be approved by the Health Department thereof.
k) Lessee agrees to keep the premises and principal
fixtures thereon in good condition; reasonable use and wear
thereof and acts of the elements, fire, and acts of God only
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excepted.
8)
Notwithstanding the provision of Section (3) of this
lease, it is specifically agreed that the Lessee is to pay,
and the Lessor shall accept the sum of Thirty Seven and 50/100
Dollars per month, due the 1st of each month, for the first
five months, that being the balance of the calendar year' 1980.
The parties further agree that as of January 1, 1981, the
lease payments shall be as set out in (3) above.
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9)
It is agreed that if the Lessee violates any provision
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of this contract; either in whole or in part, or if the
Lessee fails on her part to obey the future rules and
regulations for Lake Kickapoo as may be propounded by the
Lessor, or if in the opinion of the Lessor, the Lessee
becomes an unsatisfactory tenant, because of her failure
to meet the general wants of the public, or of her failure
to render any service to the general public as outlined
herein, or should the Lessee fail to conform to the terms
of this contract, or any one of them, then this lease may
be terminated by the Lessor' s written notice of termination,
and the Lessee shall have sixty (60) days from the date of
such termination to either dispose of her property to some
person who would be acceptable to Lessor as a future tenant,
or to remove her improvements and personal property from the
leased premises, provided, however, that she shall not damage
any real or personal property belonging to this Lessor, or
any other Lessees of this Lessor in so moving her property
from the premises.
10)
In the event that the Lessee does not dispose of her
interest at the expiration of the sixty (60) day period, Lessor
shall have the right to take possession of the same in its
entirety and Lessee agrees that Lessor may dispose of such
property either at public or private sale to the highest
acceptable bidder, and the proceeds shall be applied, first,
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to the expense of holding same; second, to any indebtedness i
owed Lessor by Lessee, and the remainder, if any, shall
be paid to Lessee.
11)
It is further mutually agreed by the parties hereto
that this contract is performable in Wichita County, Texas,
and that the monies due under such contract are payable at
the office of the City Clerk in the Memorial Auditorium in
the City of Wichita 'Falls, Wichita County, Texas .
In testimony whereof, witness our hands, this the
day and year first above mentioned.
CITY OF WICHITA FALLS
BY
City Manager
ATTEST:
City Clerk
Approved as to form
Assistant City Attorney
L s ee ary Denney
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A SURVEY PLAT OF
HIGH WATER LINE COMMERCIAL TRACTS ONE
C TWO AT LAKE K I C K APOO
I N ARCHER COUNTY , TEXAS
COT. 24,IQ77— SCALE: I = 200