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Res 691 3/2/19674- RESOLUTION NO. WHEREAS, in 1964 the City of Wichita Falls and Wichita County Water Improvement District No. 2 acquired a tract con- taining approximately seventeen (17) acres of land adjacent to the spillway at Lake Diversion, and this tract has been subdivided into seventy three (73) lots. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The lease form attached hereto is hereby approved, and the City Manager is hereby authorized to execute such lease forms on said lots, and the rental on each lot shall be the sum of $36.00 per year. PASSED AND APPROVED this the 2nd day of March, 1967. A T T E S T: City Clerk M A Y O R ST�ATfDF OF TEMAIS COUNTY OF ARC= TEEM AGREEELMfT, made and entered into on day of ------- - --------------------- by and between. Wichita County Water ImT -0 . rovernent District NO. 2, a Municipal and political subdivision of the State of Texas, and the. City of Wichita Falls, a municipal corporation, acting through their dul ;T au- thorized officers, hereinafter calle:. and ------------------------------------ ------------------------ hereinafter called Lessee P or the consideratio-n- o-: S ----- - -- - -- ----- on or be ore a he ------------------- -- ____ day of eac-n- year during w }rah ,f ;,his lease, and in further consideration of the covenants he-remnal"' 2 contained to be 'oerfo_-ined by -Lassae, Lessor leases to Lessee for a penod of yea s the following described real -nr,ipery sz tLlatecl in LTch- flunty, Texas, to —wit: the ev.-zaI-1- there are IMIDIIGVam.e is 0,--" 'L-lie Mtloper­ ty leased, the same are included within this lease agreem aau. I_n tI s on" Lessa-a, agrees t a said il-f-p—vements and otherwise kee-D the sa,,e in as good ccindiltio-a as v7he-n leased, reasonable wear .end -ear �t „clu,_Ld. Lessee further F.�r""_-'aeS in t1iiS connection -that, he will, his oar ex7pezise, _rake any and all necessary improvements to sa_� property with Legard t3 sewage dils-100sal facillitles as may be reQuired b' Lessor to conform with it-s nales and regulations .. z . Y regulations 13e_rbadn=,Lc,, there-60, a---CL Z-a complete the Sa-me:1 six (3) months from the date of said lease, such irr.- provernents z'o become the property of Viae Lf,essor at- -I"he termination of this lease. (2) in the event the !eased property is vacant at -the time of its lease and Lessee desires to construct P_ .building on tl a premises, the same must be in accordance with plans and specifications approved by Lessor at a location on said premises likewise approved by Lessor; such plans and specifications to be furnished by Lessee a- his I U - s own expense and completed within one (1) year from the date of this lease agreement, such plans and specifications and the building constructed to be in keeping with -the plan of the Lessor for develOD- raen t of the entire area_ No building, fence, landing do c-T,-, or other structure of any kind or character shall be, placed on the premises without the approval of Lessor. In the event said buildino, is not completed within one '(I) year, Lessor has the option of cancelling this rase agreement. (3) Lessee agrees that he will riot use the leased prerni-sesnor any part thereof for commercial purposes but only for residential purposes. (4) Lessee agrees that he will keep the premises clean and will provide such facilities for the disposal of trash, garbage, and waste i-neuter as Lessor shall require, it being recognized by both Lessor and Lessee that the primary puT-Pose of Diversion reservoir is to supply the City of Wichita Pills with water for human consumption and Wichita County Water improvernern District No. 2 with water for irrigation. ;(5) 1 -esse e shall provide sewage disposal facilities in accordance with the State Health Department and 'he �4 - At bf *McWta Palls standards as outhrLed below. (a) 314TO ou,Gdobii Pit tocfi cs shall be i , U ea. (b) Septic tank off at least 300 gallon capacity with sufficient tile drain field. �6' Lessee agrees tio obe�j the f ollowihn 7,- rules and regulations: Via) No farm stoclk sl-_,all be keP 01-1 said campsite or grounds of Diversion Reservoir, except as may be sanctioned in writing b- Y - LeSSDr. (b) Said cam apsite shall be ke�pt Lle&. and free of a-i-I pa- objeets. h garbage V papers, cans, garbage, and other offensive gai'bag shall be placed in containers with tight fitting, lids provided for this pur- pose. burn all combustible arbage. but all non-combustible garbage aria;' we lhap lcd Rose _,-0 VV_� ��e '0 --r-MI to an a-oproved bu-rial place and buried. (C) NO dcc"”, or boat houses shall be construct"C-d on said campsites unless -authorized --,-y the Lessor. (d) 'L\rc, fences shall be built except around the property set o-Lit JM taxis !ease. No bathing, wadi-n-, or s-mimmlA ng will be allowed in Diversion 'Pish, - 7 and hunting rights shall be subject to state laws and r and control of the Lessaa s :all be resDonsible for and accountable to the Lessor fu: -UL-he .�3-nduct and a3 ,-s of any aaem, 1D_�rs of his f zrmly and guests while on the preys- 7,�s, ar,-a at any : =P_- it is deteanllal,_�IE;d by Lessor's 'he of it t, sole discretion, that such act. of Lessee, members Of his family or U a guest, constitutes a nuisance on, said premises, this lease shall, at the option of Lessor, bEi 'Ied. cancal- rs (TI Lessee agrees that he will nog assig' a this lease nor sub -let the who .le or any par:, thereof to any per - Sor,., .Eirr1 or cor-poratio n without she consent is writing of Lessor. w (8) it is agreed by and bet-%vee2a the parties heret0 that if Lessee becomes an unsatisfactory tenant, "GO be determined by Lessor in the exercise of its sole discretion, for any reason, whether or not specifically men - a herein, Lessor shall have the right at ar�y tiEje to cancel this lease and shall proceed to dispose of Lessee's interest therein ba the follow -ing manner: 'Lessee shall have 60 days from, the date of the canlce -'.-.- tion of this lease agreement by -essor in which to dispose of his property to some person or persons :s ` factory to Lessor, or Lessee _may, during the same 30 days if he prefers, move any improvements h :: placed on the p:-em- but if L=essee chooses to _r�cve his improvements he shall not damage to an exten`1 any pro pet t-y belonging to ? .Cssor Or To =y v::heei- parson Ln SO doily'. if at the expiration of such 60 day period, Lessee has not disposed of his i_ftei'w S i'n °ohs leased pr'enizses and has not removed his inxi_orove -- ?ne31TS tilereir0[u, wSSOr Shall have x c rig'�t t0 �w " OriYJ_n `.__ prell3iSeS grid Sell to the highest bidder at 1 either a pa he or prva.ts sala al? of "Lc -sse 's i'= cw S in this ± .ase and the improvements placed on the premises. ine receip s. iron, said sale shall, 4 first tc 'i; ,e - i,pense of holding the sale, second to any �ited'-aC -SS owned by Lessee Oi' ? e55o3' c i ?a, shall be paid to Lessee and shall he received by hiin as full payment fl °S and •r all his ;'i.ghtS, t zl :� �__d iYJ C ,st Ila a. -?�`� to the leased pramises and all iInprov, -- ?11e tS thereon. Provided, _' cvf var, that Said 30 way wc,itin� pBx30�i Sl�:all i3ot prevent LESSOr'S right %i3 iiY1= 3 edia Le action to (9; in the e;�cn Te leaser property is no" vat nt at t _Ee t Me of the retaking of Chas lease, but here is to -ated on said premii ;es a � weihng or other S•'rructw —, an outdoor pit toilet 01-' s -. ,T System, then in the sole discretion of Lesso -r, Sho -ald it be deters i Aed �y � .. �SLor tha°` s,,ch ? residence or "vr,a ;tLre are undesirable in ap?:eaw'ar:Ce or are r.Ot iM ace pi n� Vri'� tiie '";.�A�ir�ziml its vi t »ii5 _ aSG, Lessor Shah notify Lessee in writing, and Lessee shall be ,ve? 3E3 days then ©xro rs "o - n cva, re,pa-_,�- o^'." reconstruct said residence or structure, pit toilet or Septic S�fS'' Gr, c iCi upon i ,i:LrC Gf Y L.SS., A "S `Gib SG within the iiirie provided, this lease Shall }fie `GeIYT?- '_nated as herezlr_ , � ovc,- provided- (16) ! _s rurther+a� greed and u_ z%:'St000 -:y ai­_, ` : �iL �,ea« the .eSSflC a»L Le.SG ;. , that za, in. the eVG?1e, the •BSSfl- desires "ifl usa " he within dG'S'a:'ibed ": _i,-7 f;r the purpose of raising the ;eater level in S-7. ivers "C' Reseryoir by _7aising' the dana lhei e0Df cr for azcy it rea Son, s,hen Lessor rria,7� give the Lessee notice in writ - C) of such civs_re and upo »� �- .�iE, of the same, �i-e Lessee sh �l forthwith remove any property that he has Z�I 031 said laands Su that hS Ti»i_0 clt fhc vritli ' he of smile as desired by Lessor. The letter di- rected t£D the last 1ir30C?ri3 aC-d-*-sE Of the Lessee sh, all be �;orSsxued to be adeaulate notice under this pro - Vision,. I th e event Lessew As » t,;, remove his saa property 'fro n1 the lands within one hu3:dred twenty (120) days after such notice, t: n in that event Lessor lay rernove the Same and Lessee agrees to pay Lessor the cosh thereof, reasonable WI-, of SuCoz- vision. Rent Shall be prorated for the time actually used by Lessee. ( ) Ti1 nfl event hall Lessor, its ageiltS, Sert�a M'uS, or eZr.PloyeeS, be liable for any damages, '_,_each of contract, or any acv-10---a _ . "Llae nature 01, a trespass o f y ;And or char ac ter, for any of lts acts i -n connection with this :e: s�. cr the `se lereof made by Lessee. (12) "_ e ua does not include within this lease a.e•r eement any privileges in connection with <e use of any porgy :�c�, "W »�e 51fl3e »:1e of t he diversion csery r unless said shore line is a boundary line of the prop - e' ty herein -w IS r . r z= -I e z,;nde_sig-ned the day and year f rst hercinabove written. Sr Fred Parley, General lv_L tiger Lessor Lessee