Res 690 3/2/1967RESOLUTION NO.
WHEREAS, the City of Wichita Falls has recently completed the
construction of Lake Arrowhead; and,
WHEREAS, the Board of Aldermen of the City of Wichita Falls has
seen fit to purchase certain lands adjacent to Lake Arrowhead for the
purpose of developing Lake Arrowhead in such a manner as to provide the
maximum benefits to the citizens of Wichita Falls; and,
WHEREAS, the Board of Aldermen has decided to lease certain
portions of its property adjacent to Lake Arrowhead for private residence
construction; and
WHEREAS, the Parks and Recreation Department has conceived a plan
for the orderly development of the residential areas around Lake Arrowhead;
and,
WHEREAS, all that remains to be done before the initiation of
the leasing of such lots, is the adoption by the Board of Aldermen of a
formal lease agreement to be used by the City in leasing the residence
lots, and the appointment of a representative of the City to enter into
said leases.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE
CITY OF WICHITA FALLS, TEXAS, THAT:
The Board of Aldermen of the City of Wichita. Falls, Texas, does
hereby adopt and approve the lease agreement attached hereto, for the
leasing of all Lake Arrowhead residence lots, and that the City Manager is
hereby authorized to execute such leases for the City of Wichita Falls, Texas.
PASSED AND APPROVED this 2nd day of March, 1967.
MAYOR
ATTE S T:
C I T Y\
5?4
C L R K
THE STATE OF TEXAS
COUNTY OF WICHITA
THIS AGREEMENT made and entered into on the day
of 19 by and between the City of
Wichita Falls, a municipal corporation , acting through its City
Manager,
hereinafter called Lessor, and
hereinafter called Lessee,
Witnesseth:
For and in consideration of the sum of
Dollars per year, payable on or before the
day of each year during the life of this
Contract, Lessor leases to Lessee for a period of twenty five (25)
years the following described real property, to-wit:
upon the terms and conditions hereinafter set out:
1. Lessee agrees to construct a dwelling building on the
above described lot in accordance with plans and specifications
supplied by Lessee to the Lessor at Lessee ' s own expense and approved
by the Lessor; such building shall be completed within 2 years from
the date of initiation by Lessor of water service to said Lessee ' s
lot. In the event that Lessee does not complete his building within
the specified 2 year period, the Lessor has the option of cancelling
this lease.
2 . Lessee agrees he will construct no piers, wharves, float-
ing boathouses, docks and/or barges or other facilities on the Lake,
without a written permit granted by the City of Wichita Falls for
such construction. All such construction must be done in accordance
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with City specifications.
3. Lessee agrees to place no fences or other structures
upon the leased premises without the express written consent of the
Lessor.
4. Lessee agrees that he will keep the leased premises
clean of trash, rubbish, garbage and waste matter and will provide
such facilities for the disposal of this matter as the Lessor shall
require; it being recognized by both Lessor and Lessee, that the
primary purpose of Lake Arrowhead is to supply the City of Wichita
Falls with water for human consumption. Lessee is under the abso-
lute obligation to so use the leased premises and conduct himself
so that there shall be no pollution of the waters of Lake Arrowhead.
5. Lessee shall provide sewage disposal facilities in ac-
cordance 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 feet or more if
pressure water system is used.
6. Lessee is a resident of the City of Wichita Falls,
Texas, and agrees to maintain a residence in said City. If Lessee
for any reason ceases to be a resident of said City, the Lessor
has the option of cancelling this lease.
7 . Lessee agrees that he will not use the leased premises
nor any part thereof for commercial purposes, but only for resi-
dential purposes.
8. In order to prevent real estate speculation and ensure
orderly development of the residential lot areas, Lessee covenants
that he will not assign this lease, nor sublet the whole or any
part of the said premises, without the written consent of the Lessor.
If Lessor does agree in writing to approve the proposed conveyance
of the whole or any part of the leased premises, the Lessor agrees
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to execute to the Lessee ' s purchaser or grantee, a new lease and agrees
to void Lessee ' s lease. Such new lease between Lessor and Lessee ' s
purchaser or grantee shall be of the same terms and conditions as the
lease executed between Lessor and Lessee and shall be for the balance
of the term of years originally granted Lessee.
9. Lessee agrees that all buildings or other improvements
placed on said site are charged with a lien in favor of the Lessor
for payment of all rentals that may be owed by Lessee to Lessor for
such site. Said lien shall be subject to any deeds of trust or
mechanic ' s liens outstanding against any buildings or other improve-
ments placed on said site.
10 . Lessee agrees to obey the rules and regulations estab-
lished by the City of Wichita Falls governing the use of Lake Arrow-
head. The original list of these rules and regulations is on file
in the City Clerk' s office, and a copy has been given to Lessee.
Lessee further agrees to abide by any additional rules and regulations
promulgated by Lessor. Said additional rules and regulations are to
be published one time in a newspaper of general circulation within
the City of Wichita Falls . These rules and regulations governing the
use of Lake Arrowhead are hereby expressly incorporated into this
contract and made a part thereof.
11. If Lessee breaches any expressed or implied covenants of
this contract, Lessor shall have the right 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 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, remove any improvements he has placed
on the premises, but if Lessee chooses to remove his improvements he
shall not in so doing damage to any extent any property belonging to
V . .
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Lessor or to any other person, If at the expiration of such 60 day
period, Lessee has not disposed of his interests in the leased pre-
mises and has not removed his improvements the.-:efrom. 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 thereon. The receipts
from the sale shall be applied first to te expense of holding the
sale, second to any deeds of trust or mechanic ' s liens outstanding
against any buildings or improvements placed on. the premises, third
to any indebtedness owed by Lessee to 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 pre-
mises 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.
12 . In the event of the failure by Lessee to pay the pre-
scribed rental for a period of thirty days after its due date, this
lease shall automatically terminate.
13. In addition to the above described leased premises,
Lessor agrees to execute a written. permit, to Lessee, permitting
Lessee to occupy and use the property between the 930 foot elevation
and the 926 foot elevation. (spillway elevation) . In exchange for
the right of Lessee to occupy and use these premises, Lessee promises
to release the Lessor from any possible liability from damage to these
premises or to any buildings or structures located thereon caused by
overflow and flooding. No other rights are granted herein or are to
be permitted or allowed hereunder except to the lands described in
this instrument.
14. Lessor makes no warranties as to the suitability of the
leased premises for any purpose. Lessor is not responsible for any
latent defects in the leased premises . Lessor makes no representations
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as to the matter of whether or not the leased premises are subject
to or may be overflowed, as this is a hazard assumed wholly by Lessee.
Lessee shall be solely responsible for any injuries incurred by his
guests, business invitees, or members of Lessee ' s family.
15. Lessee is granted an option to extend the time of this
lease twenty five (25) years under the same terms and conditions as
herein set out. If Lessee elects to exercise this option he shall
notify Lessor in writing of such election before the expiration date
hereof.
16. In no event shall the City of Wichita Falls (Lessor) , its
agents, servants 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.
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.
CITY OF WICHITA FALLS, TEXAS
City Manager Lessor
ATTEST:
City Clerk
Lessee
Address
Approved as to Form
City Attorney
SWORN TO AND SUBSCRIBED before me, this day of
A.D. 196