Res 080-2004 6/15/2004RESOLUTION NO. 9 —
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS, TEXAS, AWARDING BIDS FOR TWO GRAZING LEASES AT
LAKE KICKAPOO FOR A FIVE -YEAR PERIOD BEGINNING JUNE 1,
2004 AND ENDING MAY 31, 2009; FINDING AND DETERMINING THAT
THE MEETING AT WHICH THIS RESOLUTION 'WAS PASSED WAS
OPEN TO THE PUBLIC AS REQUIRED BY LAW.
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 five -year leases commencing on June 1, 2004; 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:
SECTION 1 . The bids for the Kickapoo grazing leases are awarded as follows,
and the City Manager is authorized to execute a lease agreement with each person or
company:
North Lake Kickapoo Grazing Lease to R. Natt Lunn $12.87 per acre per year
South Lake Kickapoo Grazing Lease to Randy Jackson $12.79 per acre per year
SECTION 2 . It is hereby officially found and determined that the meeting at
which this resolution was passed was open to the public as required by law.
PASSED AND APPROVED this the 15th day of June, 2004.
,sue..
ATTEST:
City Clerk
ATTACHMENT "A"
THE STATE OF TEXAS §
COUNTY OF ARCHER §
This agreement of lease, made and entered into this the 1st day of June 2004, by and between the
City of Wichita Falls, Texas, acting by and through its City Manager, who has heretofore been
duly authorized to execute this lease by Resolution No.04 -XX adopted by the City Council of the
City of Wichita Falls, Texas, hereinafter called "City ", and R. Natt Lunn #7A Mayfiar
Terrace, Wichita Falls, Texas 76308, hereinafter called "Lessee ",
WITNESSETH:
City does hereby lease to Lessee for grazing purposes only all that certain lot, tract, or parcel of
land situated in Archer County, Texas, (North) side of the Lake Kickapoo, more particularly
described as follows:
(North)
All City land on the South Side of Lake Kickapoo between the high -water mark, elevation 1045,
and the City property line in the following tracts:
9.76 acres, J. C. Phelan Survey, Abstract 336
19.86 acres, B.B.B. & C.R.R. Survey, Abstract 42
64.85 acres, J.C. Phelan Survey, Abstract 336
33.63 acres, William Mayer Survey, Abstract 272
412.17 acres, Torebio Losoya Survey, Abstract 257
117.07 acres, Hooper & Wade Survey, Abstract 689
252.28 acres, M.E.P.R.R. Survey, Abstract 296
419.17 acres, C. Spaulding Survey, Abstract 388 and
J. M. Taylor Survey, Abstract 649
Said tracts of land contain a total of 1,328.79 acres.
I.
The term of this lease shall be five (5) years, beginning June 1, 2004, and ending April 30, 2009.
II.
Lessee shall pay City rental at the rate of Twelve Dollars and eighty -seven ($12.87) per acre
per year, the same being equal to Seventeen Thousand One Hundred One Dollars and fifty -
two Cents ($17,101.52) per year. Such rental shall be payable annually and in advance on or
before the beginning of each lease year
III.
Lessee shall have the right to erect structures as needed to maintain as well as manage
livestock properly. Lessee will provide site plan and building plans for structures built.
Lessee will obtain a building permit from the City's Inspection Department. Hunting is
prohibited on the leased Premises. Lessee shall have the right: to prohibit hunters from
hunting on the leased premises.
IV.
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.
V.
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.
VI.
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.
VII.
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 Lessor 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 Lessor 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.
VIII.
The officers, employees and agents 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.
IX.
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 thirty (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 fifteen (15) days after he is given written notice by City to do so, City shall have
the right to terminate this lease.
X.
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. In no event shall Lessee sublet or permit the Leased
Premises to be used for hunting.
XI.
Lessee shall not over - pasture said lands, but will use the same in a good and husbandlike manner
in an effort to keep the turf in good condition, regardless of whether a rainy or dry season is
involved.
XII.
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.
XIII.
In the event City executes an oil and gas lease or other mineral lease on all or part of the leased
premises, this grazing lease shall be subject to such oil and gas or other mineral lease.
XIV.
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.
XV.
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.
XVI.
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.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed as of
the day and year set out above.
Attest:
City Clerk
Approved as to Form
Assistant City Attorney
STATE OF TEXAS §
COUNTY OF WICHITA §
Lessee
City of Wichita Falls
James Berzina, City Manager
Signature: R. Natt Lunn
#7A Mayfair Terrece
Address:
Wichita Falls, TX 76308
City State Zip
This instrument was acknowledged before me on the day of ,
2004, by James Berzina, 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
2004, by R. Natt Lunn.
Notary Public, State of Texas
THE STATE OF TEXAS §
COUNTY OF ARCHER §
This agreement of lease, made and entered into this the I" day of June, 2004, by and between
the City of Wichita Falls, Texas, acting by and through its City Manager, who has heretofore
been duly authorized to execute this lease by Resolution No.04 -XX adopted by the City Council
of the City of Wichita Falls, Texas, hereinafter called "City ", and Randy Jackson, 5892 Sisk
Road, Wichita Falls, Texas 76310, hereinafter called "Lessee ",
WITNESSETH:
City does hereby lease to Lessee for grazing purposes only all that certain lot, tract, or parcel of
land situated in Archer County, Texas, South side of the Lake Kickapoo, more particularly
described as follows:
(South)
All City land on the South Side of Lake Kickapoo between the high -water mark, elevation 1045,
and the City property line in the following tracts:
32.47 acres, S.A. and M.G. Survey, Abstract 447
70.59 acres, R. Carson Survey, Abstracts 108 & 107
11.94 acres, E.P. Cochran Survey, Abstract 42
21.00 acres, L.T. Burns Survey, Abstract 336
32.71 acres, T.P. Martin Survey, Abstract 739
71.39 acres, G.W. Dugan Survey, Abstract 1193
386.69 acres, S.P.R.R Survey, Abstract 440
131.08 acres, D.C.S.L Survey, Abstract 113
43.96 acres, T. Puckett Survey, Abstract 719
9.41 acres, George Bond Survey, Abstract 25
251.94 acres, R. Carson Survey, Abstract 750
223.71 acres, Torebio Losoya Survey, Abstract 257
104.45 acres, J.C. Phelan Survey, Abstract 325
29.61 acres, J.C. Phelan Survey, Abstract 336
3.44 acres, B. Mordecia Survey, Abstract 291
Said tracts of land contain a total of 1,424.39 acres.
I.
The term of this lease shall be five (5) years, beginning June 1, 2004, and ending April 30, 2009.
Il.
Lessee shall pay City rental at the rate of Twelve Dollars and Seventy -nine Cents ($12.79) per
acre per year, the same being equal to Eighteen Thousand Two Hundred Seventeen Dollars
and Ninety -five Cents ($18, 217.95) per year. Such rental shall be payable annually and in
advance on or before the beginning of each lease year
III.
Lessee shall have the right to erect structures as needed to maintain as well as manage
livestock properly. Lessee will provide site plan and building plans for structures built.
Lessee will obtain a building permit from the City's Inspection Department. Hunting is
prohibited on the leased Premises. Lessee shall have the right to prohibit hunters from
hunting on the leased premises.
IV.
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.
V.
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.
VI.
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.
VII.
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 Lessor 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 Lessor 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.
VIII.
The officers, employees and agents 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.
IX.
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 thirty (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 fifteen (15) days after he is given written notice by City to do so, City shall have
the right to terminate this lease.
X.
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. In no event shall Lessee sublet or permit the Leased
Premises to be used for hunting.
XI.
Lessee shall not over - pasture said lands, but will use the same in a good and husbandlike manner
in an effort to keep the turf in good condition, regardless of whether a rainy or dry season is
involved.
XII.
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.
XIII.
In the event City executes an oil and gas lease or other mineral lease on all or part of the leased
premises, this grazing lease shall be subject to such oil and gas or other mineral lease.
XIV.
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.
XV.
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.
XVI.
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.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed as of
the day and year set out above.
Attest:
City Clerk
Approved as to Form
Assistant City Attorney
Lessee
Signature: Randy Jackson
5892 Sisk RD
Address:
Wichita Falls, TX 76310
City State Zip
STATE: OF TEXAS §
COUNTY OF WICHITA §
This instrument was acknowledged before me on the day of
City of Wichita Falls
James Berzina, City Manager
2004, by James Berzina, 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
2004, by Randy Jackson.
Notary Public, State of Texas