Res 022-92 2/4/19926
RESOLUTIONLUTION NO.
RESOLUTION APPROVING TEN YEAR LEASE TO THE WICHITA
COUNTY HERITAGE SOCIETY OF LOTS 1-9, BLOCK 177,
ORIGINAL TOWN OF WICHITA FALLS, LESS A THIRTY FOOT
STRIP OF LAND.
WHEREAS, the City of Wichita Falls owns Lots 1-9 in Block
177 of the Original Town of Wichita Falls, which is a part of the
land on which the railroad depot was located; and,
WHEREAS, the Wichita County Heritage Society, a non-profit
corporation, desires to establish an historical museum on such
property, and has requested that the City execute a lease to them
on such property for this purpose; and,
WHEREAS, such a museum will be both educational and
interesting to our citizens and visitors to our City, and will
preserve historical artifacts which were important to the early
development of our area.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF WICHITA FALLS, TEXAS, THAT:
That certain lease agreement, a copy of which is attached
hereto, leasing such land to the Wichita County Heritage Society
for a term of ten years is hereby approved, and the City Manager
is authorized to execute the same for the City of Wichita Falls.
PASSED AND APPROVED this the 4th day of February, 1992.
A Y O
ATTEST:
I
City C erk
LEASE OF LOTS 1-9, BLOCK 177,
ORIGINAL TOWN OF WICHITA FALLS
LESS A THIRTY FOOT STRIP OF LAND)
TO THE WICHITA COUNTY HERITAGE SOCIETY
This lease, made and entered into this the day of
February, 1992, by and between the City of Wichita Falls, Texas,
hereinafter called "City," and the Wichita County Heritage
Society, a non-profit corporation, hereinafter called "Society, "
WITNESSETH:
For and in consideration of the mutual covenants herein
contained, City and Society do hereby agree as follows:
1. City does hereby lease unto Society the following
described tract of land situated in Wichita County, Texas, to-
wit:
All of Lots 1-9, Block 177, Original Town of the City
of Wichita Falls, save and except the following tract
of land:
BEGINNING at the Northwest corner of Lot 1, Block 177;
THENCE East with the North line of Lot 1, a distance of
30 feet;
THENCE South parallel with the West line of Lots 1 and
2, a distance of 90 feet to a point 10 feet from the
South line of Lot 2;
THENCE West parallel with the South line of Lot 2 and
10 feet therefrom, a distance of 30 feet to a point in
the West line of Lot 2;
THENCE North with the West line of Lots 2 and 1, a
distance of 90 feet to the PLACE OF BEGINNING.
2. This property shall be used by Society only for
development of a historical museum district, including a railroad
museum, oil and transportation museum and other similarly related
museum developments as may be approved under the terms of this
lease agreement. Development and operation of the railroad
museum shall be undertaken by Society.
3. The term of this lease shall be ten ( 10) years,
commencing February 4, 1992.
4. Society shall pay City rental at the rate of One and
No/100 ( $1. 00 ) Dollar for the ten ( 10) year lease, payable in
advance.
5. The Society shall be responsible for all maintenance of
the premises. It shall keep the premises in an attractive
condition, clean and free from trash and other offensive objects.
It shall keep the premises in accordance with all applicable
ordinances and codes.
6. City shall not be liable for any claim for damages to
person or property which may occur on the leased premises during
the term of the lease, and Society shall indemnify and hold
harmless the City from all claims for damages arising out of the
use of said premises. Society shall maintain during the term of
this contract liability insurance in the amount of $250,000 for
bodily injury or death to any individual and in the amount of
500,000 for any single occurrence for bodily injury or death.
Liability insurance for injury or destruction to property shall
also be maintained in the amount of $100,000. The City of
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Wichita Falls shall be named as a co-insured and a certificate of
insurance evidencing the above liability limits shall be
furnished and kept on file with the City Clerk during the
duration of this agreement. Such liability policy shall further
provide that in the event the insurance is canceled for any
reason, the City shall be immediately notified of the intent to
terminate coverage by the insurance provider.
7. Society shall not assign this lease nor sublease the
premises or any part thereof without the written consent of City.
8. Society shall not develop this property, or any part
thereof, in a way which is not consistent with the intention of
this lease without prior written approval of such development by
the City, acting through its City Manager.
9. Any museum which is developed on the property shall be
open to all members of the public on an equal basis, without
discrimination.
10. If the City Council shall ever determine that this
property is needed by the City for another public purpose, the
City shall have the right to terminate the lease by giving
Society ninety (90) days advance written notice of its intention
to do so.
11. If Society should breach any of the covenants contained
herein, and fail to correct them within sixty (60) days after
City gives Society written notice to do so, City shall have the
right to terminate this lease.
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12. City makes no covenant of quiet enjoyment nor any other
implied covenants concerning the premises.
13 . In the event any ad valorem taxes are legally assessed
against this property, they shall be paid by Society.
IN WITNESS WHEREOF, City and Society have caused this
instrument to be executed by their duly authorized officers as of
the day and year first set out above.
City of Wichita Falls, Texas
By:
James Berzina, City Manager
ATTEST:
City Clerk
Wichita County Heritage Society
By:
President
ATTEST: