Res 1754 1/6/1976RESOLUTION NO. /7A'/
RESOLUTION APPROVING FIRST AMENDMENT TO
LEASE TO WICHITA VALLEY WATER SUPPLY
CORPORATION.
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS, TEXAS THAT:
That certain First Amendment to Lease Agreement, a copy
of which is attached hereto, amending the lease agreement
dated September 3 , 1975 between the City of Wichita Falls and
Wichita Valley Water Supply Corporation for two (2) tracts of
land at Lack Kickapoo, is hereby approved, and the City Manager
is authorized to execute the same for the City of Wichita Falls.
PASSED AND APPROVED this the 6th day of January, 1976.
C-M411 0,((0/1
Y O R (
ATTEST:
CITY CLERK
STATE OF TEXAS X
COUNTY OF ARCHER X
FIRST AMENDMENT TO LEASE AGREEMENT
This First Amendment to Lease Agreement made and entered
into this the 7th day of January, 1976, by and between the City
of Wichita Falls, Texas, hereinafter called "City" and
Wichita Valley Water Supply Corporation, hereinafter called
Corporation" ,
WITNESSETH:
WHEREAS, by Resolution No. 1702, the Board of Aldermen
of City approved a certain lease agreement with Corporation;
and,
WHEREAS, the parties hereto do hereby desire to amend
such lease agreement.
NOW, THEREFORE, for and in consideration of the mutual
covenants herein contained, the parties hereto do hereby
agree as follows:
Paragraph II of said lease is hereby amended to read
as follows:
The term of this lease shall be forty-two (42) years,
beginning September 3rd, 1975. "
A new Paragraph X is hereby added to such lease, which
paragraph shall read as follows:
X.
This lease shall not be assignable without the approval
of City, except Corporation may assign and/or mortgage this
lease to the United States of America, acting through the
Farmers Home Administration. However, in the event of any
occurrence rendering Corporation incapable of performing
under this lease, any successor of Corporation, whether the
result of legal process, assignment or otherwise, shall
succeed to the rights of Corporation hereunder. "
o - •
Except insofar as such lease is amended herein, the same
shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this
instrument to be executed as of the day and year first set
out above.
CITY OF WICHITA FALLS, TEXAS
BY:
City Manager
ATTEST:
City Clerk
WICHITA VALLEY WATER SUPPLY
CORPORATION
BY:
President
ATTEST:
Secretary
2 -