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Res 002-2011 1/4/2011 RESOLUTION NO. 02-2011 Resolution Authorizing The City Manager To Execute An Agreement With Harry E. And Brenda J. Patterson To Lease 2.64 Acres On The North Side Of Southwest Parkway Approximately .1 Mile West Of Its Intersection With Lake Park Drive In The Amount Of $2,640 Per Year WHEREAS, the City Council finds that leasing a 2.64 acre tract as depicted on the Location Map to the adjacent property owners for a maximum of 5 years for $2,640 per year furthers the existing purpose of the property and provides for lessee maintenance of the aforementioned tract. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The City Manager is hereby authorized to execute the attached Lease Agreement with Harry E. and Brenda J. Patterson to lease approximately 2.64 acres depicted on the attached Location Map, with such changes to form as are approved by the City Attorney. PASSED AND APPROVED this the 4 th day of January, 2011. MAYOR ATTEST: ity Clerk THE STATE OF TEXAS § COUNTY OF WICHITA § LEASE AGREEMENT THIS LEASE is entered into as of the day of , 2011, by the City of Wichita Falls, Texas, ("Cit�'), acting by and through its City Manager, who has heretofore been duly authorized to execute this lease by Resolution No. , adopted by the City Council of the City of Wichita Falls, Texas, and Harry E. Patterson, Jr. and Brenda J. Patterson ("Lessees"). 1. City leases to Lessee, for horse grazing purposes only, all that certain lot, tract, or parcel of land situated in Wichita Falls, Wichita County, Texas, and being adjacent to Weeks Park ("Leased Premises") and more particularly described as follows: FIELD NOTES A TRACT OF LAND W NApiITA COUNTY, TE)fAS, BEYIG PART OF 1HE JONN A. SWT� SURVEY Np. a, A-294, ANp BEING MORE SPECIF7CALLY pES(�i18ED 8Y MElES MID BOUNDS AS fOLLOYYS: BEC�NHWG AT A 1/2 WCH IRON ROD IN 1}1E 1NEST LINE OF BLOCK 11. BURNS AAIENOED PLAT OF B�.Op(S S, 9. 10. ANO 11 OF PARK PLACE SU801NSION OF A PORTION OF J. A SCOtt SURVEYS B k 9. AN ADDITION TO TFIE qTY OF 1MCHTA FALLS. AS RECORDED MI VOLUME �, PAGE 17, WIdMTA COUNTY PLAT RECOROS, SND IRON R0� BEARS SOUTH 78'�3'00� WEST 3.be FEET fRpd A 1/2 WCH IROfI R00 FOR THE NORTHWEST CORNER OF SAID �OCK 11; 11tENCE ALONC tF1E NEST LINE Of SIUD BLOpt tt, 90UT11 18'43'00' NEST 214.77 fEET TO A 1/2 INpi IRON Ra0 FOR AN IH7ERIOR CORNER OF 1FNS OESC�IP710N MD i1iE MOST NESTERLY NORiMNEST CORNER OF SAq BIOdC 11; THENCE AL01yG 7HE NEST UNE OF SAID BIOCK tl. SOUI}I 384.13 FEET TO A 1/2 WCN tRON ROD FOR THE SOUIHEAST COHNER OF TFMS OE9CRIP710N; n+�ce c�R,uir w►n+ ��ce. Na�ni esrorss NEST 2�p.00 FEET TO A 3 IHpi WPE FEHCE CORNER P05T FOR THE SOUMNEST COItNER Of TFiS DESCRIPiION; TFIENCE GENERALLY NITM A FENCE, NOR7H /0'03'Ii' EAST 312.82 FEET TO A T-P06T FOR AN ANGI.E PpNT OF THtS OESCPoPTION; lHENCE GENERALLY 1MIiN A FENCE, NOR7M 13'23'33' EAST �p.61 FEET TO A T-POST FOR AN ANCIE POINT Of ili{,S OESf�IPT10N; THENCE GENERALLY 1M1H A FElICE, NOR1H 18'43'1S' EAST 19,94 FEET TO A T-POST FOR AN AN(�,E PdNT Of 1FM5 OESCRIP710N; 71iENCE OENERALLY 1M11i A f'ElICE, Ii0RTF1 23'5718' EAST �6.65 FEET TO A T-Pp$T FOR AN ANGI.E POINT Of 7FM5 DESCRIPTON; 7HETICE GENERALLY 1MTH A FE'NCE, NORTFI 29'41'36' EAST 38.8a FEET TO A T-POST FOR AN ANCLE PdNT Of THIS DESCRIPiION 1HENCE GENERALLY NATH A fENCE, NORTFI 51'20'TT EAST 34.22 FEET TO A 2 tNCH P�E FENCE CORNfR P�T FOR TFIE NORiHYYEST OORNER Oi 7HIS DESCRIP710N; TMENCE GENERALLY 1MTN A FENC� NOR7N eT59'14' EAST 182.87 FEET TO 1NE PLACE aF BEpNNING ANO CONTANWG 264 ACRES OF 1M10. YORE OR LESS. 2. The term of this lease shall be one (1) year, beginning , 2011 and ending , 2012. This lease will be automatically renewing for successive one (1) year terms, for a maximum of five (5) one-year terms, unless either party provides notice of termination not less than one hundred eighty (180) days prior to the expiration of term. 3. Lessee shall pay City rental at the rate of $1,000.00 per acre per year, the same being equal to $2,640.00 per year. This rental shall be payable annually and in advance on or before the beginning of each lease year to the City of Wichita Falls Property Management Division, PO Box 1431, Wichita Falls, TX 76307. 4. Lessee shall have the right to erect structures as needed to maintain as well as manage horses properly. Prior to erecting such structures, Lessee will provide site plan and building plans and will obtain a building permit from the City's Inspection Department. 5. Lessee agrees to remove any structures, fencing and other improvements to the Leased Premises within 30 days after termination of lease to the extent City requires their removal. Failure to remove said items when required by the City shall entitle the City to remove said items and charge Lessee for the cost of removing same. 6. Lessee agrees to maintain the Leased Premises with adequate grass and vegetation, and agrees to reseed the Leased Premises, if needed, at the end of the lease term with a grass of equal or better quality as exists in the adjacent City owned property. 7. This lease only grants equine grazing rights to Lessee, and does not grant lessee the right to hunt, fish, or partake in any other recreational or non- recreational activity not directly associated with grazing. 8. Lessee agrees to take this lease subject to the rights of any oil, gas, mineral, hunting, or other rights presently in existence on the lease premises or that may be granted or leased by the City during the term of this lease. Tenant and City agree to cooperate so that the respective activities of one will not unduly interfere with the other. 9. Lessee agrees to pasture on said lands only horses in a good and healthy condition. Lessee further agrees to remove immediately from said premises, all dead animals. 10. The term of this lease will be binding upon the heirs, executors, administrators, and successors of parties in like manner as upon the original parties. Lessee agrees to hold City harmless from any and all liability that Lessee might incur growing out of the breakage of fences around the property. 11. Lessee agrees to abide by applicable laws, regulations, and ordinances with respect to the Leased Premises. If any part of the Leased Premises fails to comply with any law, regulation or ordinance, the City may enter the Leased Premises, correct any deficiency, and charge Lessees for the cost of correcting said deficiency. 12. Lessee will not make or allow to be made any unlawful, improper or offensive use of the premises or any part thereof, and agrees to keep the same in a decent, safe, and sanitary condition, observing all municipal, state and federal laws, ordinances, rules, regulations now or hereafter in effect. Lessee further agrees to indemnify City against any and all claims, demands, costs, or judgments of any kind whatsoever made or suffered by reason of the breach of this covenant. Lessee further agrees to indemnify City from and against any all claims, demands, costs, attorneys' fees, expenses or judgments that may arise or that Lessor may suffer on account of or in connection with the Leased Premises or any condition or occurrence thereon. Lessee shall indemnify Citv pursuant to this clause reaardless of the acts, omissions, or negliqence of City or Citv's officers, aqents, or emplovees or anv condition of the leased premises. 13. Lessee agrees to allow City officers, employees, agents, and other tenants of the City access to the leased premises with prior approval of the Lessee. 14. If Lessee breaches any other covenant contained in this lease, and fails to remedy such breach within 15 days after he is given written notice by City to do so, City shall have the right to terminate this lease. 15. Lessee shall not sublet the Leased Premises for any use, nor assign this lease in whole or in part. 16. Lessee shall not over-pasture said lands, but will use the same in a good and husband-like manner in an effort to keep the turf in good condition, regardless of whether a rainy or dry season is involved. 17. Lessee shall not spray any chemical on the leased premises without the approval of the Director of the Wichita Falls/Wichita Health Department and the City's Property Administrator. In addition, Lessee agrees not to harvest any trees for any reason whatsoever on the leased premises without prior permission from the City's Director of Public Works. 18. City shall have a lien upon all of the property of Lessee placed on the leased premises, to secure the payment of the rent provided for herein. 19. Lessee has inspected the Leased Premises and accepts the condition of the premises "as is." The City makes no warranties, either express or implied, regarding the condition of the Leased Premises. 20. Lessee agrees to pay when due, all real property taxes, assessments and charges, of any kind whatsoever that may be lawfully imposed, assessed, or charged, during the term of this lease against the Leased Premises. 21. Tenant shall not allow open flames or the use of pyrotechnics on the Leased Premises. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed as of the day and year set out above. City of Wichita Falls Lessee(s) Darron J. Leiker, City Manager Signature Approved as to Form Address City Attorney City State Zip Signature Address City State Zip STATE OF TEXAS § COUNTY OF WICHITA § This instrument was acknowledged before me on the day of , 2011, by Darron J. Leiker, City Manager of the City of Wichita Falls. Notary Public, State of Texas STATE OF TEXAS § COUNTY OF WICHITA § This instrument was acknowledged before me on the day of , 2011, by Notary Public, State of Texas STATE OF TEXAS § COUNTY OF WICHITA § This instrument was acknowledged before me on the day of , 2011, by Notary Public, State of Texas y � �� N ���� E a� � — � 31 2a2' �� .. � z �� N 1 d � •3 3' E� � �.e�• N�e. 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