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Res 1452 8/21/1973RESOLUTION NO. RESOLUTION APPROVING NEW COMMERCIAL LEASE TO HARROLD C. LONG ON SOUTH SIDE OF LAKE KICKAPOO. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: That certain commercial lease agreement, a copy of which is attached hereto, from the City of Wichita Falls to Harrold C. Long, leasing certain property on the south side of Lake Kickapoo, for a term of ten years, with an option to extend the same for ten years, is hereby approved, and the City Mana- ger is authorized to execute the same for the City of Wichita Falls. PASSED AND APPROVED THIS THE 21st DAY OF AUGUST, 1973 . Ii_L AU' 4/74LAA6,4ial; M A Y O R ATTEST: City Clerk LEASE AGREEMENT, SOUTH SIDE OF LAKE KICKAPOO STATE OF TEXAS COUNTY OF WICHITA This lease agreement made and entered into on this the day of 1973, by and between the City of Wichita Falls, Texas, hereinafter called Lessor, and Harrold C. Long, hereinafter called Lessee, WITNESSETH: I For and in consideration of the money payments herein specified, and the covenants and conditions herein to be met by Lessee, Lessor does hereby lease to Lessee the following described lands and premises situated in Archer County, Texas, to-wit: TRACT 1. Lots three (3) , four (4) , five (5) and nine (9) , on the south side of Lake Kickapoo, as shown by the plat on file in the office of the Director of Parks and Recreation for the City of Wichita Falls. TRACT 2 . That area as designated, in addi- tion to the above described lots, by the plat attached hereto as prepared by the Engineering Department of the City of Wichita Falls, Texas, and which is made a part hereof for all purposes. II In consideration for the granting of the leasehold estate herein demised, Lessee shall pay Lessor the sum of $450. 00 each year, payable in monthly installments of $37 .50 each month, in advance, such monthly payments being due and payable on the first day of each month during the term of this contract, together with the payment by Lessee to Lessor of an amount of money equal to 2 . 25 per cent of the gross earnings of the business conducted on these premises of whatever kind or character in excess of $20, 000 up to and including $40, 000; five per cent of the gross earnings of the business over the sum of $40, 000 up to and including 50, 000; 7.5 per cent of the gross earnings of the business over the sum of $50, 000 up to and including $100, 000; and 10 per cent of the gross earnings of the business over $100, 000. These payments shall be calculated on gross earnings for each calendar year during the lease, and a payment shall be made to Lessor by Lessee on or before the first day of February of each year, based on the gross earnings for the preceding calendar year; the last payment shall be made on or before sixty days after the termination of the lease. III The term of this lease is for a period of ten years, begin- ning August 20, 1973 and ending August 19, 1983. IV Lessee shall have an option to extend the term of this lease for an additional ten years, beginning August 20, 1983; Lessee shall exercise this option by giving notice thereof in writing to Lessor of his desire to do so not less than sixty days prior to August 19, 1983. V Lessor agrees not to lease to any person the area shown on the attached map which is marked off and designated as Boundary for Commercial Rights" or any other area on the south side of said lake for any similar business to that to be conducted by 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 south side of Lake Kickapoo. The term south side" as used herein shall mean that side of the lake lying south of the channel of the Little Wichita River. VI It is understood and agreed by and between the parties hereto that the premises covered by this lease are on the watershed of Lake Kickapoo and the primary use of said Lake Kickapoo is as a city water supply for the city of Wichita Falls, and that a second- ary 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: s) Lessee shall abide by the rules and regulations concern- ing the leased premises and particularly Lake Kickapoo as shall 2 - be promulgated by Lessor. b) Any and all buildings placed on the leased premises shall be on sites approved by Lessor. c) Lessee may, at his 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; a fishing barge has heretofore been built and maintained at an approved location on Lake Kickapoo, and Lessee is granted per- mission to continue to maintain and operate such fishing barge at such location. d) Lessee will keep open to the public his business at all reasonable hours and the premises shall be open to the public for at least twelve hours out of a twenty-four hour day. e) The leased premises shall be kept clean by the Lessee, and he shall provide for disposal facilities for waste matter, trash and garbage as required by Lessor, and particularly said premises shall be kept free from anything that would likely contaminate the water in Lake Kickapoo. Sewage disposal facili- ties shall be provided by Lessee in accordance with the require- ments of the Health Department of the City of Wichita Falls, and the requirements of the Health Department of the State of Texas. f) No livestock shall be kept on the leased premises; the premises shall be kept clean and free of all paper, cans and garbage; all garbage shall be kept in containers 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 shall use a reasonable degree of care to prevent improper conduct on the part of any person or persons on the premises, including members of his family or their guests, while on or near the premises; the premises shall be used for no pur- poses in violation of any penal law of the State of Texas, or in violation of any of the ordinances of the City of Wichita Falls, or any rules and regulations with reference to the conduct and maintenance of Lake Kickapoo. 3 - J VII Lessee will not assign this lease and will not sublease any part of the premises without first having obtained per- mission in writing of the City Manager. VIII Lessee will keep a record of all transactions with customers and will furnish Lessor a report of all his income on said prop- erty on or before the first day of February during the life of this agreement, with the last report being furnished on or before sixty days after the termination of the lease. 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 the Lessor because of the percentage of gross annual earnings as provided in this lease agreement. IX It is agreed that if Lessee violates any provision of this agreement, either in whole or in part, or if Lessee fails on his part to obey the future rules and regulations for Lake Kickapoo, as may be propounded by Lessor, or if in the opinion of Lessor, Lessee becomes an unsatisfactory tenant because of his failure to meet the general wants of the public, or or his failure to render any service to the general public as outlined herein, or should Lessee fail to conform to the terms of this agreement, or any one of them, then this lease may be terminated by Lessor, in which event Lessee shall have sixty days from the date of such termination either to dispose of his property to some person who would be acceptable to Lessor as a tenant, or to remove his improvements and personal property from the leased premises; provided, however, that he shall not damage any real or personal property belonging to Lessor, or any other Lessee of this Lessor, in so moving such property from the premises. X In the event that Lessee does not dispose of his interest at the expiration of such sixty day period, Lessor shall have the right to take possession of the same in its entirety, and Lessor may dispose of such property either at public or private sale to the highest acceptable bidder, and the proceeds shall 4 - be applied, first, to the expenses of holding same, second, to any indebtedness owed Lessor by Lessee, and the remainder, if any, shall be paid to Lessee. XI Lessee hereby gives to Lessor a lien upon all of his property now located on or at any time hereafter placed in or upon the said premises, to secure the prompt payment of the rent herein stipulated to be paid and any other indebtedness of Lessee to Lessor arising out of this lease agreement. XII Lessee is presently the owner and holder of that certain lease agreement on the above premises dated February 20, 1958, executed by the City of Wichita Falls, as Lessor, to Harrold C. Long, Jerrold Long and Dan Preston, as Lessees, which lease was amended on January 17, 1967 by the City of Wichita Falls and Harrold C. Long. The unexpired term of such lease, as amended, is terminated upon the execution of this lease. XIII It is further mutually agreed by the parties hereto that this agreement is performable in Wichita County, Texas, and that the monies due under this lease are payable at the office of the City Clerk in the Memorial Auditorium Building in the city of Wichita Falls, Wichita County, Texas. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as of the day and year first above stated. CITY OF WICHITA FALLS By: Gerald G. Fox, City Manager ATTEST: City Clerk Harrold C. Long 5 -