Res 2053 11/22/1977RESOLUTION NO. 02ks!
RESOLUTION TERMINATING LEASE OF WALTER B. PALMER
AND HAL P. LaCOSTE ON THE COMMERCIAL TRACTS ON
THE NORTH SIDE OF LAKE KICKAPOO AS OF AUGUST 31,
1977 , AND APPROVING AND RATIFYING A NEW LEASE
AGREEMENT COVERING THESE PREMISES WITH MARGE
FENNER, EFFECTIVE SEPTEMBER 1, 1977.
WHEREAS, on April 22 , 1977 , the City of Wichita Falls
entered into a lease agreement with Walter B. Palmer and
Hal P. LaCoste for the lease of two commercial tracts con-
taining a total of 5. 93 acres on the north side of Lake
Kickapoo, Archer County, Texas; and,
WHEREAS, Mr. LaCoste and Mr. Palmer have sold the store
and all of the stock and inventory contained therein to
Mrs. Marge Fenner; and,
WHEREAS, Mrs. Fenner wishes to obtain a new lease on
these commercial tracts on the north side of Lake Kickapoo
for a period of ten years beginning September 1, 1977 for an
annual base rental of $450. 00, payable on a basis of $37 . 50
per month together with the payment of a commission on the
gross earnings of the business conducted on these premises
beginning at 2. 25 percent of the gross earnings of the busi-
ness conducted on these premises of whatever kind or character
in excess of $20, 000. 00 up to and including $40, 000. 00 up
to a maximum commission of 10 percent of the gross earnings
of the business over $100, 000. 00.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN
OF THE CITY OF WICHITA FALLS, TEXAS, THAT:
That certain lease agreement, whereby the City of Wichita
Falls leased to Walter B. Palmer and Hal P. LaCoste two tracts
of land on the north side of Lake Kickapoo in Archer County,
Texas, is hereby terminated, effective August 31, 1977,
and that certain lease agreement, a copy of which is attached
hereto, whereby the City of Wichita Falls leases to Marge
Fenner these commercial tracts on the north side of Lake
Kickapoo effective September 1, 1977 is hereby approved, and
the execution of same by the City Manager is further expressly
ratified.
PASSED AND APPROVED this the 22nd day of November, 1977.
9: OR
ATTEST:
AY--4-72.d.-/OEs ,Z22t,
City Clerk
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STATE OF TEXAS X
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 Marge Fenner, of Archer County, Texas , hereinafter
called Lessee , on the 3i day of October, 1977 .
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 Marge Fenner,
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. lA - 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
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 both of the parties and represents
a proper survey made of the premises by the Engineering Depart-
ment 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 Four Hundred Fifty
and No /100 Dollars each year, payable on the basis of Thirty-
Seven and 50/100 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 the payment by
the Lessee to the Lessor of an amount equal to 2. 25% of the
gross earnings 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 Nc /100
Dollars ; 5% of the gross earnings of the business over the sum
of Forty Thousand and No /100 Dollars up to and including Fifty
Thousand and No/100 Dollars; 7 . 5% of the gross earnings of the
business over the sum of Fifty Thousand and No/100 Dollars up
to and including One Hundred Thousand and No/100 Dollars; and 10%
of the gross earnings of the business over One Hundred Thousand
and No/100 Dollars of the preceding fiscal year on or before
the 22nd day of May of each year during the life of the contract,.
the last payment to be made on or before the 22nd day of May, 1988 .
4)
That the term of this lease is for a period of ten (10)
years beginning the 1st day of September , 1977 .
5)
The Lessor agrees not to lease to any person the area
shown on the attached map which is marked off and designated
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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
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
September 1, 1987, by giving notice thereof in writing to the
Lessor of her desire to do so at least sixty (60) days prior to
September 1, 1987.
7)
It is understood and agreed by and between the parties
hereto that the premises covered by this lease are on the water-
shed to Lake Kickapoo and the primary use for said Lake Kickapoo
is as a city water supply for the City of Wichita 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, convenient groceries, fishing
bait, fishing tackle , and if desired, ' boats and motors for
rent to patrons , motor fuel, gasoline , oil, kerosene, and so
forth. 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 in line
with prices charged in the City of Wichita Falls, plus an addi-
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tional reasonable transportation charge.
c) Lessee may, at her option, build any dock, fence,
pier, or any other structure on the leased premises with the
approval of the City Manager as to location, size and quality;
however, permission is hereby specifically granted to Lessee
to build and erect a dock which may be by her used for public
fishing.
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 same shall be kept open for not less than
twelve (12) hours out of each 24-hour day.
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 particularly
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; and all garbage shall be kept in con-
tainers 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
guests , while on or near the premises; that the premises herein
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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 regulations
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 permission of the City Manager. 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.
i) Lessee agrees that she will keep a record of all
transactions of customers and furnish Lessor a report of all
her income on said property on or before the 22nd 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 earning 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 as good condition as they now are; reason-
able use and wear thereof and acts of the elements , fire , and
acts of God only excepted.
8)
It is agreed that if the Lessee violates any provision 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
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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, and the
Lessee shall have sixty (60) days from the date of such ter-
mination 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.
9)
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;
to the expense of holding same; second, to any indebtedness
owed Lessor by Lessee, and the remainder, if any, shall
be paid to Lessee.
10)
It is further mutually agreed by the parties hereto
that this contract is performable in Wichita County, Texas ,
and that the moneys 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.
ATTEST:CITY 7 WICHITA FAL/ S
BY:
Ano '
City Clerk Cit Manager
App o, e/dnas p f ^
fm:
4.
AZ51.0dift City At rney
Lessee Mange Fenner
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A SURVEY PLAT OF
HIGH WATER LINE COMMERCIAL TRACTS ONE
6 TWO AT LAKE K I C KAP00
I N ARCHER COUNTY , TEXAS
OCT 24,1977- SCALE: I " = 200'