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Res 075-89 5/16/1989RESOLUTION NO. ( J017 RESOLUTION APPROVING ONE YEAR LEASE TO MIDTOWN NOW, INCORPORATED 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, Midtown Now, Incorporated, a non-profit corporation, desires to establish an historical museum on such property, and has requested that the City executed 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 a 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 Midtown Now, Incorporated 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, Midtown Now, Incorporated presents to the City Council an acceptable 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 16th day of May, 1989. ri--17A R ATTEST: City C erk LEASE OF LOTS 3-9, BLOCK 177, ORIGINAL TOWN OF WICHITA FALLS TO MIDTOWN NOW, INCORPORATED This lease made and entered into this the 16th day of May, 1989, by and between the City of Wichita Falls, Texas, hereinafter called "City" , and Midtown Now, Incorporated, a non- profit corporation, hereinafter called "Midtown" , WITNESSETH: For and in consideration of the mutual covenants herein contained, City and Midtown do hereby agree as follows: 1. City does hereby lease unto Midtown the following described tract of land situated in Wichita County, Texas, to- wit: All of Lots 3-9, Block 177, Original Townsite of the City of Wichita Falls. 2. This property shall be used by Midtown 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, Inc. , and Midtown. 3 . The term of this lease shall be one year, commencing May 16, 1989. 4. Midtown shall pay City rental at the rate of One Dollar 1. 00) for the one year lease, payable in advance. 5. Midtown 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 Midtown shall indemnify and hold harmless the City from all claims for damages arising out of the use of said premises. 7. Midtown shall not assign this lease nor sublease the premises or any part thereof without the written consent of City. 8. Midtown 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 Midtown reasonable written notice of its intention to do so. R 11. If Midtown should breach any of the covenants contained herein, and fail to correct them within sixty ( 60) days after City gives Midtown 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 Midtown. 14. If, during the term of this lease, Midtown presents to the City Council an acceptable 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 Midtown 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 MIDTOWN NOW, INCORPORATED By: President ATTEST: Secretary