Res 2543 6/3/1980Y
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RESOLUTION NO. ,x TP
RESOLUTION APPROVING LEASE TO WICHITA FALLS BOATING
CLUB OF TRACT OF LAND ON LAKE SHORE DRIVE AT LAKE
WICHITA.
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, whereby CitytheCit of Wichita Falls leases to the
Wichita Falls Boating Club a tract of land containing 1. 75
acres, more or less, on Lake Shore Drive at Lake Wichita for
a term of five years, is hereby approved, and the City Manager
is authorized to execute the same for the City of Wichita
Falls.
PASSED AND APPROVED this the 3rd day of June, 1980.
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MAYOR Protem
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ATTEST:
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City ilerk
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STATE OF TEXAS X
COUNTY OF WICHITA X
LEASE OF LAND AT LAKE WICHITA TO
WICHITA FALLS BOATING CLUB
This agreement of lease made and entered into this 1st
day of June, 1980, by and between the City of Wichita Falls,
Texas, hereinafter called CITY, and the Wichita Falls Boating
Club, hereinafter called LESSEE,
W I T N E S S E T H:
By these presents City does hereby lease and demise unto
Lessee the following tract of land, to-wit:
A certain parcel of land out of the J. A. Scott
Survey No. 5, Abstract 297 , Wichita County, Texas,
and more particularly described as follows:
BEGINNING at a point in the North line of the J. A.
Scott Survey No. 5, said point being 150' West of
the common corner between Blocks 33 and 34 of
Denton County School Lands;
THENCE, West 400' to a point in the North line of
J. A. Scott Survey No. 5;
THENCE, South 175' to a point in the North shore
of Lake Wichita when the Lake is at spillway
elevation;
THENCE, in a Southeasterly direction along the
North shore line of Lake Wichita to a point South
of the place of beginning;
THENCE, North 340' to the place of beginning; and
containing 1.75 acres of land, more or less,
for the term of 5 years beginning June 1, 1980, and ending
May 31, 1985, upon the following conditions and covenants:
1. Lessee shall pay City therefor rental in the
following amounts: $87 . 00 for the first lease year, $93. 00
for the second lease year, $100. 00 for the third lease year,
107 . 00 for the fourth lease year, and $114. 00 for the fifth
lease year. Rental shall be paid annually in advance; the
first annual rental payment shall be due upon the execution
of this lease; subsequent annual rental payments shall be due
on June 1, of each succeeding year of the lease. Lessee agrees
to quietly surrender up the premises in as good condition as
the same were when received, reasonable wear and tear excepted,
at the termination of the lease.
2. Lessee binds itself to use said property for only lawful
purposes and to keep the premises in a sanitary coriJtion during
the term of this lease. Lessee further agrees that the use of
the premises shall be restricted to its meetings and for
recreational purposes, and no other; that in such permissive use
and operation, no intoxicants of any kind or character shall
ever be sold thereon; nor shall same be operated in such manner
as to create a nuisance.
3. Lessee agrees that it will not file any claim for flood
damages to any property placed on said land by it or to any
persons on said land during the term of this lease, and further
agrees to hold City harmless from any and all kinds of damages
whatsoever.
4. Lessee further agrees that during the term of this
lease should City demand or require the premises herein leased
for their own use and/or benefit, then said Lessee will upon
receipt of thirty days written notice, relinquish said premises
to City; whereupon, City will refund to Lessee that pro-rata part
thete unused rental P aid herewith.
5. If Lessee should breach any of the covenants contained
herein, City shall have the right to terminate said lease.
6. Upon expiration of this lease or upon termination as
hereinabove provided, Lessee shall have the right to remove from
the land within a reasonable time any and all improvements by it
placed thereon.
7. It is specifically agreed by and between the parties
hereto that as a part of the consideration herefor, Lessee shall
not sublease or assign said premises or any part thereof without
the written consent of City first having been had and obtained.
8. Lessee shall indemnify and hold harmless City from all
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claims for damages arising out of the use of said land. Lessee
shall carry liability insurance with limits of $100, 000 per
person and $300,000 per occurrence for bodily injury, and
25, 000 for property damage.
The parties hereto have caused these presents to be
executed by their duly authorized officers the day and year
first above written.
CITY OF WICHITA FALLS, TEXAS
Gerald G. Fox, City Manager
ATTEST:
City Clerk
Approved as to Form:
City Attorney
WICHITA FALLS BOATING CLUB
BY:
R. L. McCaffity,
President
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