Res 085-2009 6/16/2009 RESOLUTION NO. ' OO
Resolution To Award Bids for Two Grazing Leases At Lake Kickapoo
For A Three Year Term Beginning June 30, 2009 and Ending May 31,
2012.
WHEREAS, the City has two tracts of land at Lake Kickapoo that are leased for
cattle grazing and,
WHEREAS, the current leases have expired and the city has advertised for bids
for new three-year term leases commencing on June 30, 2009; and
WHEREAS, Council has considered all bids received for the leases.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
The bids for the Lake Kickapoo grazing leases are awarded as follows, and the
City Manager is authorized to execute a lease agreement with each entity in the form
attached hereto as LEASE AGREEMENT, with changes to form as approved by the
City Attorney:
Lake Kickapoo NORTH Grazing Lease to Nat Lunn for $16.87 per acre per year.
Lake Kickapoo SOUTH Grazing Lease to Randy Jackson for $8.00 per acre per
year.
PASSED AND APPROVED this the 16 day of June, 2009.
MA OR
ATTEST:
i y Clerk
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THE STATE OF TEXAS §
COUNTY OF §
LEASE AGREEMENT
THIS LEASE is entered into as of the day of , 2009, by the City of Wichita
Falls, Texas, ("City"), 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 ("Lessee").
1. City leases to Lessee, for grazing purposes only, all that certain lot, tract, or parcel of land
situated in Archer County, Texas, said tract being known as Lake Kickapoo ("Leased
Premises") and more particularly described as follows:
(legal description)
2. The term of this lease shall be 3 years, beginning June 30, 2009 and ending May 31,
2012.
3. Lessee shall pay City rental at the rate of $ per acre per year, the same being
equal to $ per year. This rental shall be payable annually and in advance on or before the
beginning of each lease year.
4. Lessee shall have the right to erect structures as needed to maintain as well as manage
livestock 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. This lease only grants grazing rights to Lessee, and this lease does not grant lessee the
right to hunt, fish, or partake in any other recreational or non-recreational activity not directly associated
with grazing.
6. 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.
7. It is understood that Lake Kickapoo is a municipal water supply for the City of Wichita
Falls, and hence it is absolutely necessary for sanitary conditions to be strictly observed, and Lessee
agrees to pasture on said lands only cattle in a good and healthy condition. Lessee further agrees to
remove immediately from said premises, or burn, all dead cattle and/or other dead animal matter. No
slaughtering of cattle will be made on the premises.
8. The term of this lease will be binding upon the heirs, executors, administratars, and
successors of parties in like manner as upon the original parties. Lessee agrees to keep and maintain the
existing City-owned fences on said property in a good and workmanlike manner and to construct any
other fences required by Lessee. Fences will not be built into the water. If a fence should become
submerged by rising water it will be removed by the lessee. Any fence so constructed that separates the
properties herein leased from adjoining properties shall remain the property of the City upon termination
of this lease. 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.
9. Lessee agrees to abide by all existing sanitary rules, statutes and ordinances concerning
Lake Kickapoo and the surrounding area, and any other rules of a similar nature which may hereafter
become effective, whether they be by City ordinance or by State or Federal law.
10. 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 indemnif�Cit�pursuant to this clause regardless of the acts,
omissions or negli�ence of Ci or City's officers a�ents or employees or anv condition of the nropertv.
11 . The officers, employees, agents, and other tenants of the City shall have the right to go
upon the leased premises at any and all times, and to construct buildings thereon, and make such other
improvements on said land as they may, in their judgment, find necessary. Lessee agrees to allow City to
have a lock for City access on any and all gates as required. Lessee will have the right to lock gates and
entrances to the leased property. Lessee will agree to either provide a key to locks on gates and entrances
or allow the City to double lock the entrances.
12. The fact that Lake Kickapoo is a source of City's municipal water supply makes it
mandatory that the provisions of this contract be enforced; upon the breach of any covenant or provision
in this lease designed to protect the purity of the water supply of City, City may re-enter and dispossess
Lessee without any liability whatsoever, terminate this lease, and require Lessee to remove his cattle from
the leased premises. If the Lessee fails to pay any rent due hereunder within 30 days after the same
becomes due, City shall have the right to terminate this lease. 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.
13 . Lessee shall not sublet the Leased Premises for any use, nor assign this lease in whole or
in part without the written consent of the City. The city retains the absolute right to deny such written
consent.
14 . 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.
15 . 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 Director of the Public Works. 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.
16 . 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.
17. 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.
18. Lessee agrees to pay when due, all real property taxes, assessments and charges, of any
r •
kind whatsoever that may be lawfully imposed, assessed, or charged, during the term of this lease against
the Leased Premises.
19. 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.
Attest: City of Wichita Falls
City Clerk Darron J. Leiker, City Manager
Approved as to Form Lessee
Assistant City Attorney Signature:
Address:
City State Zip
STATE OF TEXAS §
COUNTY OF WICHITA §
This instrument was acknowledged before me on the day of , 2009,
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 , 2009, by
of
Notary Public, State of Texas