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Res 105-90 6/5/1990RESOLUTION NO. /v7J /& RESOLUTION APPROVING ONE-YEAR LEASE TO THE WICHITA FALLS RAILROAD MUSEUM OF LOTS 3-9, BLOCK 177, ORIGINAL TOWN OF WICHITA FALLS WHEREAS, the City of Wichita Falls owns Lots 3-9 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 Falls Railroad Museum, 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; and, WHEREAS, they have not yet furnished the City an acceptable business and financial plan showing their proposed development, operation and maintenance of such historical museum, and the City does not wish to make a long-term commitment until such an acceptable plan is presented. 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 Falls Railroad Museum for a term of one year, is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. If, during this one year term, the Wichita Falls Railroad Museum presents to the City Council an acceptable business and financial plan for the development, operation and maintenance of the property, the City Council will consider the execution of a long- term lease, at the end of the initial lease, on terms that are acceptable to both parties. PASSED AND APPROVED this the 5th day • June, 1990. Ar/ I r / M - Y O R ATTEST: J74:101,44:64;14:4L / City Clerk LEASE OF LOTS 3-9, BLOCK 177, ORIGINAL TOWN OF WICHITA FALLS TO THE WICHITA FALLS RAILROAD MUSEUM This lease made and entered into this the 15th day of May, 1990, by and between the City of Wichita Falls, Texas, hereinafter called "City, " and the Wichita Falls Railroad Museum, a non-profit corporation, hereinafter called "Railroad Museum, " WITNESSETH: For and in consideration of the mutual covenants herein contained, City and Railroad Museum do hereby agree as follows: 1. City does hereby lease unto Railroad Museum the following described tract of land situated in Wichita County, Texas, towit: All of Lots 3-9, Block 177, Original Townsite of the City of Wichita Falls. 2. This property shall be used by Railroad Museum only for development of a historical museum district, including a railroad museum, oil and transportation museum and other similar 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 the Wichita Falls Railroad Museum. 3. The term of this lease shall be one year, commencing June 5, 1990. 4. Railroad Museum shall pay City rental at the rate of One Dollar ($1. 00) for the one-year lease, payable in advance. 5. Railroad Museum 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 Railroad Museum shall indemnify and hold harmless the City from all claims for damages arising out of the use of said premises. The Railroad Museum 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 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 cancelled for any reason that the City shall be immediately notified of the intent to terminate coverage by the insurance provider. 7. Railroad Museum shall not assign this lease nor sublease the premises or any part thereof without the written consent of City. 8. Railroad Museum shall not develop this property, or any part thereof, in a way which is not consistent with the plan, 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 Railroad Museum reasonable written notice of its intention to do so. 11. If Railroad Museum should breach any of the covenants contained herein, and fail to correct them within sixty (60) days after City gives Railroad Museum written notice to do so, City shall have the right to terminate this lease. 12. City makes no covenant of quiet enjoyment nor any other implied covenant concerning the premises. 13 . In the event any ad valorem taxes are legally assessed against this property, they shall be paid by Railroad Museum. 14. If, during the term of this lease, Railroad Museum presents to the City Council an acceptable business and financial plan for the development, operation and maintenance of the leased premises, the City Council will consider the execution of a long- term lease on terms that are acceptable to both parties. IN WITNESS WHEREOF, City and Railroad Museum 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 FALLS RAILROAD MUSEUM By: President ATTEST: