Res 130-2003 10/7/2003RESOLUTION NO l;!)C) JO3
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS, TEXAS, AWARDING BIDS FOR THREE GRAZING LEASES AT
LAKE ARROWHEAD FOR A FIVE -YEAR PERIOD BEGINNING
OCTOBER 1, 2003 AND ENDING SEPTEMBER 30. 2008, FINDING AND
DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION
WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BYLAW
WHEREAS, the City has three tracts of land: at Lake Arrowhead 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 October 1, 2003, 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:
SECTI 1 . The bibs for the Arrowhead grazing leases are awarded as follows,
and the City Manager is authorized to execute a lease agreement with each person or
company
Arrowhead Grazing Lease #1 to Panda Cattle Cc., for 810.51 per acre per year
Arrowhead Grazing Lease #2 to Kimbell Ranch, for $24 75 per acre per year
Arrowhead Grazing Lease #3 to Panda Cattle Co., for $10.51 per acre per year
S ECTION 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 7 day of October, 2003.
ATTEST;
CiryClark J
ATTACHMENT "A"
THESTATEOFTEXAS §
COUNTY OF CLAY §
This agreement of lease, made and entered into this the 7 th day of October, 2003, 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. adopted by the City Council of the City of Wichita Falls, Texas, hereinafter
called "City ", and Panda Cattle Company, 3289 Kemp, 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 Clay County, Texas; north of the dam at Lake Arrowhead, said
tract being known as Arrowhead Grazing Lease #1 ( "Leased Premises ") and more
parroularly described as follows:
A 223.5 acre tract of land North of Lake Arrowhead Dam,
lying in the E Brooks Survey, Abstract 33', A. Graham
Survey, abstract 757; M. Haley Survey, Abstract 186, A.P,
Belcher Survey; Abstract 843; and W.C. RR. Co. Survey,
Abstract 734; Clay County, Texas, and being more
particularly described as follows'.
Beginning at the Southeast Comer of the chain link fence
around the pumping station and a corner of this tract;
Thence S 71 49 East along a fence 492 feet to a fence
past for a comer;
Thence S 15` 43' West along a fence 197.0 feet to a fence
past for the Southwest corner of this tract,
Thence S 89" 40' East along a fence off the toe of the dam
of Lake Arrowhead 1891.9 feet to a post for a corner,
Thence N 89° 55' East along a fence 759.8 feet to a post for
a corner,
Thence S 89 36' East along a fence 738.0 feet to a post for
a corner,
Thence S 89 01' East along a fence 418.8 feet to a post for
corner;
Thence S 84 51' East along a fence 783.9 feet to a post for
a comer,
Thence S 77" 11' East along a fence 613 6 feet to a past for
a corner;
Thence S 86° 22' East along a fence 689.0 feet to a post for
a comer,
Thence S 87 56' East along a fence 785 6 feet to a post for
a corner;
Thence S 76' 10' East along a fence 18 2 feet to an iron rod
In the fence and being the Southeast corner of this tract
Thence N 00' 01' East 797,8 feet to a cross -tie fence post
and continuing along with a fence 881 4 feet for a total
distance of 1670 2 feet to a V pipe for the Northeast corner
of this tract,
Thence W 5626 2 feet along a fence to a post at the West
line of the E. Brooks Survey, A -33 and the East line of the A.
Graham Survey, A -757 and the beginning of a fence running
to the North;
Thence S 89' 59' West along a fence 1035 7 feet to an Iron
rod in the fence for the Northwest corner of this tract.
Thence S 00° 29' West 902.3 feet to the Northeast corner of
the chain link fence around the pumping station, continuing
along the fence 266.3 feet for a total distance of 1168.5 feet
to the place of beginning and containing 223.5 acres of land,
more or less_
The term of this lease shall be five (5) years, beginning October 1 2003, and ending
September 31, 2008.
Lessee shall pay City rental at the rate of $10.51 per acre per year, the same being
equal to $2,348.99 per year Such rental shall be payable annually and in advance on or
before the beginning of each lease year
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.
PI
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.
It is understood that Lake Arrowhead Is a municipal water supply for the City of We ita
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.
LL
Lessee agrees to abide by all existing sanitary miss, statutes and ordinances
concerning Lake Arrowhead 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.
kv
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 ether 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.
L
1'he fact that Lake Arrowhead is a source of City's municipal water supply makes It
andatory 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. It 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 se, City shall have the right to
terminate this lease.
Lessee shall not sublet the Leased Premises for any use nor assign this lease in whole
or in part without the writlen 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.
xu.
Lessee shall not spray any chemical on the leased premises without the approval of the
Director of the Wichita FallsNJichita 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.
IM
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 ail 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 aga'mst 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
James Berzina,
City Manager
Approved as to
Form
Lessee
Assistant City Attorney Cavitl Shoop for
Panda Cattle Company
3269 Kemp
Wichita Falls, Texas 76308
STATE OF TEXAS §
COUNTYOFWICHITA §
This instrument was acknowledged before me on the day of October, 2003,
by James Benzine Qty Manager of the City of Wichita Falls
Notary Public, State of Texas
STATE OF TEXAS §
COUNiYOFWICHITA §
This instrument was acknowledged before me on the day of October,
2003, by David Shoop, as Owner /President of Panda Cattle. Company,
Notary Public, State of Texas
THE STATE OF TEXAS §
COUNTY OF CLAY §
This agreement of lease made and entered into this the 7" day of October, 2003, 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. adopted by the City Council of the City of Wichita Falls, Texas, hereinafter
called "City ", and Kimbell Ranch, P.O. Box 94903, 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 Clay County , Texas, north of the dam at Lake Arrowhead, said
tract being known as Arrowhead Grazing Lease p2 ( "Leased Premises ') and more
particularly described as follows:
A 228.375 -acre tract of land out of A. Graham Survey, A-
757. M. Haley Survey, A -186, B.B.e. & C. RR, Co., A48,
and W . Davis Survey, A -119, Clay County, Texas, more
particularly described by metes and bound as follows-
Beginning at an iron rod set by old fence corner at the
Northwest corner of the A. Graham Survey, A -757 and the
Southeast corner of the W.D. Davis Survey. A -119;
Thence with fence on North line of A. Graham Survey S 88
50' 45" E 1000.0 feet to an iron rod set by fence corner at
the Northwest corner of a 173.19 acre tract described as
Tract 2 in deed from Ruth A. Kimbell to David A. Kimbell, Sr.,
Trustee, recorded at Vol. 405, Page 531, Clay County Deed
Records',
Thence with fence S 01 42' 55" W 2557.83 feet to an iron
rod set at the Southwest corner of Kimbell 173.19 acres;
Thence with fence S 89" 29' 26" E 1958.07 feet to an iron
rod in the South line of Kimbell 173 19 acres',
Thence S 00 56' 10" W 902 07 feet to a fence corner;
Thence N 5740 36" W 331.85 feet to an iron rod;
Thence crossing South line of Graham Survey, S 15" 57' 17'
W 272.56 feet to an iron rod;
Thence N 80° 43 35" W 637.95 feet to an iron rod',
Thence recrossing South line of Graham Survey, N 69 09'
W 55416 feet to an iron rod set in the middle of gate,
Thence N 73° 04' 47" W 1297 71 feet to an iron rod,
Thence crossing West line of Graham Survey, N 80° 23' 57'
W 902.56 feet to an iron rod set by fence corner',
Thence with fence N 38° 27' 42" W 287.77 feet to an Iron rod
set by fence corner,
Thence N 13° 33' 31" W 2259 43 feet to an iron rod',
Thence N 70° 16' 25" W 749.63 feet to an iron rod',
Thence 15" 07' 39" W along the West line of Lake
Arrowhead Spillway, at 58.19 feet past iron rod in crass
fence, and continuing on the same course crossing South
line of W.D. Davis Survey, in all 711 78 feet to monument set
in concrete at the most Northerly Northeast corner of 524
acres conveyed from the City of Wichita Falls to the State of
Texas on October 5, 1970 for the use and benefit of the
Texas Parks and Wildlife Department,
Thence with the most Northern Noah line of 1429.6 acres
conveyed by R. Lee Morris, at at to the City of Wichila Falls
on March 15, 1965 by deed recorded at Vol . 239, Page 291,
Clay County Deed Records, S 88 27'10" E 2422.60 feet to
an iron rod set in the Gast line of Davis Survey;
Thence with the east line of W.D. Davis Survey, S 00° 32'
19" W 380.0 feet to the place of beginning_
The term of this lease shall be five (5) years, beginning October 1 2003, and ending
September 31. 201
Lessee shall pay City rental at the rate of $24.75 per acre per year, the same being
equal to $5,652.28 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 area 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 Arrowhead 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 Arrowhead and the surrounding area, and any other rules of a similar
nature which may hereafter became 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 lack the entrances.
X.
The fact that Lake Arrowhead is a source of City's municipal water supply makes it
mandatary 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 far 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 out in good contlition, regardless of whether
a rainy or dry season Is involved.
M
Lessee shall not spray any chemical on the leased premises without the approval of the
Director of the Wichita Fo IsMichita 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.
01
In the event City executes an oil and gas lease or other mineral lease an all or part of
the leased premises, this grazing lease shall be subject to such oil and gas or other
mineral lease.
C11L
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 of Wichita Falls
City Clerk games Bernina, Cdy Manager
Approved as to Form Lessee
Assistant City Attorney
Kimbell Ranch
3209 Kemp
Wichita Falls, Texas 76308
STATE OF TEXAS §
COUNTYOFWICHITA §
This instrument was acknowledged before me on the _ day of October, 2003,
by James Benzine City Manager of the City of Wichita Falls
Notary Public, State of Texas
STATE OF TEXAS §
COUNTYOFWICHITA §
This instrument was acknowledged before me on the day of October,
2003, by as OwnerlPreadent of Kimbell
Ranch.
Notary Public, State of Texas
THE STATE OF TEXAS §
COUNTY OF CLAY §
This agreement of lease, made and entered into this the i day of October, 2003, 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 adopted by the City Council of the City of Wichita Falls, Texas, hereinafter
called "City ". and Panda Cattle Company, 3209 Kemp, 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 Clay County, Texas, north of the dam at Lake Arrowhead, said
tract being known as Arrowhead Grazing Lease #3 ( "Leased Premises ") and more
particularly described as follows:
A 68 326 -acre tract out of A . Belcher Survey, A -843 and
John Rodgers Survey, A -390, Clay County. Texas, more
particularly described by metes and bounds as follows'.
Beginning at an iron rod found at the Northwest corner of
the A P. Belcher Survey, A -843,
Thence with North line of Belcher Survey and with fence, S
89° 3XE 2639 00 feet to a 1" galvanized pipe found at an
ell corner in the Western line of 268059 acres conveyed
from Zachary Halsell to Luke Halsell, at ux by deed
recorded at Vol. 409, Page 869, Clay County Deed
Records,
Thence with fence on West boundary of 2680.59 acres, S
17" 51' 37" E 2147.84 feet to an iron rod set for the
Southeast corner of this tract,
Thence with fence S 89° 40 28" W 382 26 feet to an Iron
rod',
Thence with fence N 49° 45' 39" W 873.62 feet to an iron
rod,
Thence. with fence N 41° 21' 53" W 537.89 feet to an iron
rod;
Thence with fence N 57° 15' 03" W 611 03 feet to an iron
rod;
Thence with fence N 53° 06' 58" W 121.92 feet to an iron
rotl,
Thence with fence N 42" 30' 12" W 136 feel to an iron rod;
Thence with fence N 39" 33'' 48" W 333.48 feet to an iron
rod;
Thence with fence S 86° 67' 00" W 30184 feet to an iron
rod,
Thence with fence S 70° 20' 48" W 495.43 feet to an iron
rod;
Thence with fence S 53° 02'29" W 515.35 feet to a 2" pipe
fence corner;
Thence with fence N 75° 50' 14" W 78.01 feet to a 6" pipe
fence corner In West line of A. P. Belcher Survey, A -843;
Thence with West line of Belcher Survey and with fence, N
00" 32' 11" E 797.18 feet to the PLACE OF BEGINNING
and containing 58.326 acres of land. of which 60.309 acres
is in the A.P. Belcher Survey and 0.017 acre is in the John
Rodgers Survey.
The term of this lease shall be five (5) years, beginning October 1 2003, and ending
September 31, 2008.
Lessee shall pay City rental at the rate of $18:51 per acre per year, the same being
equal to $718.11 per year. Such rental shall be payable annually and in advance on or
before the beginning of each lease year
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 goad 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 detaining 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.
It is understood that Lake Arrowhead 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 call in a good and healthy
Condition. Lessee further agrees to remove immediately from said premises, or burn, all
dead catlle and /or other dead animal matter. No slaughtering of cattle will be made on
the premises.
R
Lessee agrees to abide by all existing sanitary rules, statutes and ordinances
concerning Lake Arrowhead and Ne surrounding area and any other rules of a similar
nature which may hereafter become effective, whether they be by City ordinance or by
Stale or Federal law.
PI
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.
Mill
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.
M
The fact that Lake Arrowhead 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.
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.
)a
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 FallsNitchim 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.
"KA
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.
:QI
Lessee agrees to pay when due, all real property taxes, assessments and charges, of
any and whatsoever that may be lawfully imposed, assessed, or charged, during the
tens 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 of Wichita Falls
City Clerk James Bernina, City Manager
Approved as to Form Lessee
Assistant City Attorney Davitl Shocpfor
Panda Cattle Company
3209 Kemp
Wichita Falls, Texas 76308
STATE OF TEXAS §
COUNTY OF WICHITA §
This instrument was acknowledged before me on the _ day of October, 2003,
Wichita by James Barzina, City Manager of the City of Falls
Notary Public, State of Texas
STATE OF TEXAS §
COUNTYOFWICHITA §
This Instrument was acknowledged before me on the day of October,
2003, by David Shoop as Presidem/Owner of Panda Cable Company.
Notary Public, State of Texas