Res 0969 8/19/1969RESOLUTION NO.969
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE
CITY OF WICHITA FALLS , TEXAS, THAT:
SECTION 1. That upon the expiration of the present
leases on lots at Lake Kickapoo, the City Manager is authorized
to execute new leases covering said lots, which shall be prepared
on lease forms similar to the form attached hereto.
SECTION 2. The term of such leases shall be twenty-
five years .
SECTION 3. The rental on all such leases shall be
36.00 per year; provided, however, whenever a lease is owned by
a non-resident of the City of Wichita Falls, the annual rental
shall be increased $5.00 per year to cover correspondence and
bookkeeping costs.
PASSED AND APPROVED THIS THE 19TH DAY OF AUGUST, 1969.
t
M A Y O R
ATTEST;
City Clerk
V —...
THE STA` H OF TEXAS (
J.
COUNTY OF WICHITA j
This agreement made and entered into on the _ day of
A I9 by and between the City of Wichita Falls, a
Amunicipal corporation, acting through its City Hanager, hereinafter called
Lessor, and hereinafter called Lessee,
AWitnesseth:
A
For and in consideration of the sum of + Dollars per '
year, payable on or before the 1st day of October each year during the life of
Ithis Contract, Lessor lcases,to Lessee for a period of twenty-five (25) years
the following described real property, to-wit: Lot No. , Block
ill Lake Kickapoo, Archer County, Texas, according to the plat on file in the office
illof the Director of Parks and Recreation, upon the terms and conditions herein-
after set out:
1 . Lessee agrees to construct, a building on the premises in accordanceill
with plans and specifications approved by Lessor at a location on said premises
Iapproved by Lessor; such plans and specifications to be furnished by Lessee at
illhis own expense and such building to be completed within two' years from the date
of this contract. No building, fence, landing dock, or other structure of anggany
ill kind shall be placed on the premises without the approval of Lessor. If the
Lessee does not complete such building within two years, Lessor has the option.
of cancelling this lease.
i
ill2. Lessee agrees that he will not use the leased premises nor any
part thereof for commercial purposes, but only for residential purposes.
lil3. Lessee agrees that he will keep the premises clean and will provide
II
such facilities for the disposal of trash, garbage, and waste matter as Lessor
shall require, it being recognized by both Lessor and Lessee that the primary
illpurpose of Lakc Kickapoo is to supply the City of Wichita Falls with water for
human consumption.
A '4. Lessee shall provide sewage disposal facilities in accordance with
State Health Department and City of Wichita Falls standards. Septic tanks shall
be the only sewage disposal facility used on the leased premises. The septic
tanks shall be at least 500 gallon capacity with tile• drain field of 100 feetItormoreifpressurewatersystemisused.
2)
5. Lessee agrees to obey the following rules and regulations:
a. No farm stock shall he kept on said premises, except as may .
be sanctioned in writing by the health officer: of said City
of Wichita Falls.
b. Said premises shall. be kept clean and free of all papers, cans
garbage, and other offensive .objects. All garbage shall -be
placed in containers with tight fitting lids provided for this
purpose. It will be permissible- to burn all combustible gar- . •
page, but all non-combustible garbage shall be hauled to an
approved burial place and buried.
c. No dock or boat houses shall be constructed on said premises
unless authorized by the Lessor.
d. No fences shall be built except around the property set out
in this lease.
e. Fishing and hunting rights shall be subject to state laws and
regulations and control of the Lessor. Hunting shall be
limited to hunting waterfowl on the water with shotguns.
f. .Lessee shall be responsible for and accountable to the Lessor..
for the conduct and acts of all members of his family and
guests while on the Lake Kickapoo grounds.
g. Said premises shall not at any time be used in any manner or
for any purpose in conflict with or contrary to the penal stat-
tutes of the State of Texas or ordinances of the City of.Wichita
Falls.
IIIh. Lessee further agrees to abide by any additional rules and
regulations promulgated by the Lessor.
6. Lessee agrees. that he will not assign this lease nor sublet the
whole or any part• of the leased premises to any person, firm, or corporation with-
out the consent of Lessor in writing.
ill7. It is agreed by and between the parties hereto that if Lessee be-
llcomes an unsatisfactory tenant for any reason, or if Lessee breaches any of the
covenants contained herein, Lessor shall have the right at any time to cancel this ,
lease and shall proceed to dispose of Lessee's interest therein in the following
manner: Lessee shall have 60 days from the date of the cancellation of this lease
3)
agreement by Lessor in which to dispose of his property to some person or persons
satisfactory to Lessor, or Lessee may, during the same 60 days if he prefers, move
any improvements he has placed on the premises, but if Lessee chooses to move
his improvements he shall not damage to any •extent any property belonging to
Lessor or to any other person in so doing. If at the expiration of such 60 day
period, Lessee has not disposed of his interests in the leased premises and has- • .
not removed his improvements therefrom, Lessor shall have the right to enter upon
premises and sell to the highest bidder at either a public or private sale all of
Lessee's interests in this lease and the improvements placed on the premises. The
receipts from said sale shall be applied first to the expense of holding the sale,
second to any indebtedness owed by Lessee or Lessor and the remainder shall be
paid to Lessee and shall be received by him as full payment of and for all his
rights, title and interest in and to the leased premises and all improvements
thereon. Provided, however, that said 60 day waiting period shall not prevent
Lessor's right to immediate action to abate any nuisance.
8. It is further agreed and understood by and between the Lessee and
Lessor that in the event the Lessor desires to use the within described property
for the purpose of raising the water level in Lake Kickapoo by raising the dam
thereof, then Lessor may give the Lessee notice in writing of such desire and
upon receipt of the same, the Lessee shall forthwith remove any property that he
has on said lands so that the same will not conflict with the use of the same -as
desired by the City. The letter directed to the last known address of the Lessee,
as shown by the records of the Director of Parks and Recreation, shall be construed
to be adequate notice under this provision. In the event Lessee fails to remove
his said property from the lands within one hundred twenty (120) days after such
notice, then in that event Lessor may remove the same and Lessee agrees to pay
Lessor the cost thereof, including the reasonable cost of supervision. Rent shall
be pro-rated for the time actually used by Lessee.
no event shall the City of Wichita Falls (Lessor), its agents, ser-
vants or employees, be liable for any damages, breach of contract, or any action
in the nature of a trespass of any kind or character, for terminating this lease
under the provisions herein.
I
1)
A
1 _
The opinion of the majority of the Board of Aldermen as to the necessity
of cancellation of such lease shall be conclusive upon the parties hereto.
I
CITY OF 1tiICIHITA FALLS, TEXAS
I
I . City 8 nager_ ,
Y._
LESSOR
IATTEST:
I
W_ _ __.w__ _
City Clerk
LESSEE
I
II
r__._._._—_. ._
Address
AI
I
0
ill
0/
ill
ill .
OF
L