Res 2232 9/19/1978s
RESOLUTION NO.
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RESOLUTION APPROVING LEASE TO CLAUDE DRAPER OF
LAND 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, whereby the City leases a tract of land at Lake
Arrowhead to Claude Draper, is hereby approved, and the City
Manager is authorized to execute the same for the City of
Wichita Falls.
PASSED AND APPROVED this the 19th day of September, 1978.
M A Y O R
ATTEST:
City Clerk
STATE OF TEXAS X
COUNTY OF CLAY X
This agreement made and entered into this the day of
1978 , by and between the City of Wichita Falls,
Texas, acting by and through its City Manager, hereinafter
called Lessor, and Claude Draper, hereinafter called Lessee,
WITNESSETH:
Lessor hereby leases to Lessee, upon the terms and condi-
tions hereinafter set out, the following described real pro-
perty situated in Clay County, Texas , to-wit:
All of Block 24 of the Original Town Site of Halsell
as shown on the plat of record in the Office of the
County Clerk of Clay County, Texas, save and except
any part of such lot which lies below elevation 930
feet m. s. l.
1. The term of this lease shall be a period of twenty-
five years, beginning on the date hereof.
2. Lessee shall pay to Lessor rental in the amount of
dollars per year during the life of this lease,
which rental shall be payable annually in advance, the first
rental payment being due upon the execution of this lease, and
a like payment due each year thereafter on the anniversary
date of this lease.
3 . The leased premises are adjacent to Lake Arrowhead,
and Lessee agrees that he will keep the leased premises clean
of trash, rubbish, garbage and waste matter and will provide
such facilities for the disposal of this matter as the Lessor
shall require, it being recognized by both Lessor and Lessee
that the primary purpose of Lake Arrowhead is to supply the
City of Wichita Falls with water for human consumption. Les-
see is under the absolute obligation to so use the leased
premises and conduct himself so that there shall be no pollu-
tion of the waters of Lake Arrowhead.
4. Lessee owns certain property adjacent to the leased
premises, and Lessee shall provide a septic tank for sewage
disposal facilities serving any dwelling building on the pro-
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t ,
perty, which septic tank shall be constructed in accordance
with State Health Department and City of Wichita Falls stand-
ards.
5. Lessee shall not use the leased premises nor any part
thereof for commercial purposes, but only for residential pur-
poses.
6. Lessee shall not assign this lease, nor sublet the
whole or any part of the said premises without the written
consent of Lessor. If Lessor does agree to approve the pro-
posed assignment of the leased premises, Lessor agrees to
execute to Lessee' s purchaser or grantee, a new lease and to
void Lessee' s lease. Such new lease between Lessor and Les-
see' s purchaser or grantee shall be of the same terms and con-
ditions as the lease executed between Lessor and Lessee and
shall be for the balance of the term of years originally
granted Lessee.
7 . Lessee agrees that all buildings or other improve-
ments placed on said leased premises are charged with a lien
in favor of the Lessor for payment of all rentals that may be
owed by Lessee to Lessor for such lease. Said lien shall be
I subject to any deeds of trust or mechanic' s liens outstanding
against any building or other improvements placed on said pre-
mises.
8 . Lessee agrees to obey the rules and regulations
established by the City of Wichita Falls governing the use of
Lake Arrowhead. Lessee further agrees to abide by any addi-
tional rules and regulations promulgated by Lessor. Such
rules and regulations governing the use of Lake Arrowhead are
hereby expressly incorporated into this contract and made a
part hereof.
9 . If Lessee fails to pay the prescribed rental within
thirty days after its due date, Lessor may terminate this lease.
If Lessee breaches any other covenant contained in this lease,
and fails to remedy such breach within thirty days after having
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been given written notice by Lessor of such breach, Lessor may
terminate this lease.
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10 . In addition to the above described leased premises ,
Lessor agrees to execute a written permit to Lessee, permit-
ting Lessee to occupy and use the property between the 930
foot elevation and the 926 foot elevation (spillway elevation) .
In exchange for the right of Lessee to occupy and use these
premises , Lessee promises to release the Lessor from any pos-
sible liability from damage to these premises or to any struc-
tures located thereon caused by overflow and flooding. Les-
sor will construct no piers or boathouse on the lake without
a written permit granted by the City. All such construction
must be done in accordance with City' s specifications.
11. Lessor makes no warranties as to the suitability of
the leased premises for any purpose, and makes no representa-
tions as to the matter of whether or not the leased premises
are subject to or may be overflowed, as this is a hazard
assumed wholly by Lessee. Lessor is not responsible for any
latent defects in the leased premises. Lessee shall be solely
responsible for any injuries incurred by Lessee, members of
Lessee' s family, or by any persons on the premises with Lessee' s
permission.
12 . It is understood and agreed that, in the event that
Lessor should decide to use the land herein leased as a part
of a future park, Lessor shall have the right to terminate
this lease by giving Lessee written notice thereof not less
than 120 days prior to such termination. In that event, Les-
see shall remove his improvements from such leased premises.
IN WITNESS WHEREOF, the parties hereto have executed
this agreement as of the day and year set out above.
City of Wichita Falls, Texas
BY:
ATTEST: City Manager
City Clerk
Claude Draper
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