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Res 1441 7/17/1973RESOLUTION NO. /6'1/ RESOLUTION APPROVING CONVEYANCE TO STATE OF TEXAS OF BUILDING AT STATE PARK, AND A LEASE OF A PART OF SUCH BUILDING FROM THE STATE TO THE CITY. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1. That certain conveyance, a copy of which is attached hereto, whereby the City conveys to the State of Texas that certain service building located at Lake Arrow- head State Park, is hereby approved, and the City Manager is authorized to execute and deliver the same for the City of Wichita Falls. SECTION 2 . That certain lease agreement, a copy of which is attached hereto, whereby the State leases a portion of such building to the City, is hereby approved, and the City Manager is authorized to execute and deliver the same for the City of Wichita Falls. PASSED AND APPROVED THIS THE / 7.-Z/DAY OF L9e,______ 1973. I X/ J 4 AL LV C A Y O R ATTEST: 1-.Z -i-t‘ City Clerk F THE STATE OF TEXAS X COUNTY OF CLAY X WHEREAS , heretofore, by deed dated October 5, 1970, the City of Wichita Falls conveyed to the State of Texas, for the use and benefit of the Texas Parks and Wildlife Department, a certain tract of land containing 524 acres, more or less, in the W. C. Davis Survey, A-119 , Section 1, BBB & C RR Co. Survey, A-48 , Survey No. 5 , HT & B RR Co. Survey, A-239 and the Word and Halsell Subdivision of the Brazos County School Lands, A-18, in Clay County, Texas; and, WHEREAS , in such deed the City reserved the exclusive right to use 8. 72 acres, more or less, out of the land so conveyed, together with the improvements located thereon, for a period of three years after the date of the deed; and, WHEREAS , there is a service building located on said 8. 72 acre tract, and a question has arisen as to whether or not title to such building was conveyed to the State by the above deed. NOW, THEREFORE, know all men by these presents , that the City of Wichita Falls, Texas , a municipal corporation, for and in consideration of the sum of $1.00 and other consideration to it in hand paid by the State of Texas , has granted, sold and con- veyed, and by these presents does grant, sell and convey unto the State of Texas for the use and benefit of the Texas Parks and Wildlife Department, subject to the reservations hereinafter set out, that certain service building located on the 8. 72 acre tract described in the above deed dated October 5, 1970. The City does hereby reserve the exclusive right to use such service building for so long as it has the exclusive right to use such 8 . 72 acre tract of land under the terms of the above deed. In addition, the City does hereby reserve the exclusive right to use, until December 31, 1976 , that portion of the east side of such building with the high roof. The State of Texas will give the City a lease on that portion of the building, which will include free right of access to such portion of the building. I To have and to hold the above described building unto the said State of Texas for the use and benefit of the Texas Parks and Wildlife Department, its successors and assigns forever. The City of Wichita Falls does hereby bind itself and its successors to warrant and forever defend all and singular the said property unto the State of Texas , its successors and assigns , against every person whomsoever, lawfully claiming or to claim the same, or any part thereof. Dated this the 20th day of June, 1973. CITY OF WICHITA FALLS, TEXAS By: . Gerald G. Fox, City Manager ATTEST: City Clerk APPROVED AS TO FORM: City Attorney STATE OF TEXAS X COUNTY OF WICHITA X BEFORE ME, the undersigned, a Notary Public in and for Wichita County, Texas, on this day personally appeared Gerald G. Fox, City Manager of the City of Wichita Falls , Texas , known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said City of Wichita Falls , Texas , a municipal corporation, and that he executed the same as the act of said City of Wichita Falls for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of June, 1973. Notary Public, Wichita County, Texas 2 - THE STATE OF TEXAS X COUNTY OF WICHITA X LEASE AGREEMENT This lease agreement made and entered into this the day of 1973, by and between the State of Texas, acting by and through the Texas Parks and Wildlife Department, hereinafter called State, and the City of Wichita Falls, Texas, hereinafter called City, WITNESSETH: In consideration of one dollar and other valuable consid- eration, and the covenants hereinafter contained, State does hereby lease and let unto City the following described property situated in Clay County, Texas, to-wit: That portion of the east side, being the portion with the high roof, of that certain service building located on the 8. 72 acre tract of land described in the deed dated October 5, 1970, wherein City conveyed to State a tract of land containing 524 acres in Clay County, Texas , for Lake Arrowhead State Park. This lease shall be for a term beginning October 5, 1973 and ending on December 31, 1976 . There shall be no further money rental payments due on this lease; the original consideration constitutes the entire consid- eration for the full term of this lease. City shall deliver up the premises to State peaceably at the end of the aforesaid term, or at any previous termination thereof for any cause, in as good order and condition and state of repair as the same now are in, reasonable use and wearing thereof and damage by accidental fire or inevitable accident only accepted. City will keep the premises in such repair as the same are in at the commencment of the term, reasonable use and wearing thereof and damage by accidental fire or inevitable accidents only accepted. In case the premises shall during said term be destroyed or damaged by fire or inevitable accident so that the same shall be thereby rendered unfit for use, State may put the premises back in proper condition for use and habitation, and the term shall be extended by a period of time equal to that during which the prem- ises were unfit for use, or this lease may be terminated and ended at the election of State. City will keep said premises continually in a neat, clean and respectable condition. City shall not make any alterations , additions or improve- ments to the leased premises without the prior written consent of State; if such consent is given, unless otherwise agreed upon in writing, such alterations, improvements and additions made by City shall remain its property and may be removed at the end of the lease. All fixtures and all personal property placed on the leased premises by City may be removed by .it at the expiration of the lease, provided that no such property shall be removed if such removal should permanently injure or dismantle said building. City shall not assign nor sublet the leased premises, or any part thereof, without the written consent of State. State hereby grants to City, during the term of this lease, free right of access to the leased premises across State' s sur- rounding lands. In witness whereof, the parties have caused these presents to be executed as of the day and year first above stated. State of Texas , Acting by and through the Parks and Wildlife Department By: ATTEST: Secretary City of Wichita Falls , Texas By: City Manager ATTEST: City Clerk 2 -