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Res 090-87 5/19/1987RESOLUTION NO. 9D- 7 RESOLUTION APPROVING AGREEMENT WITH D. C. COGBURN TO PROVIDE PUBLIC OFF-STREET PARKING NORTH OF THE SHERATON HOTEL FOR FALLS FEST. WHEREAS, additional off-street parking is needed for Falls Fest, and D. C. Cogburn, who owns approximately six 6) acres north of the Sheraton Hotel and west of Central Freeway, is willing to make it available for such parking free of cost, if the sponsors of Falls Fest will release him of liability and indemnify him from all claims for damages arising out of the use of such property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: That certain agreement, a copy of which is attached hereto, between D. C. Cogburn and the City of Wichita Falls, the Junior League of Wichita Falls, Inc. , and Streams and Valleys, is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls . PASSED AND APPROVED this the l9t day of May, 198 . M A Y O R ATTEST: A4.691$4'CAca%) City Clerk AGREEMENT FOR PUBLIC PARKING FOR FALLS FEST This agreement made and entered into this the 19th day of May, 1987 , by and between D. C. Cogburn, hereinafter called Cogburn" , and the City of Wichita Falls, Texas , the Junior League of Wichita Falls, Inc. , and Streams and Valleys, herein- after called "Sponsors" , WITNESSETH: WHEREAS, Sponsors are sponsoring a three-day celebration called "Falls Fest" on June 5, 6, and 7 , 1987 , in Lucy Park in the City, following the turning on of the new waterfall by the Wichita River; and, WHEREAS, a large number of visitors are expected to attend this celebration, and Sponsors desire to provide additional public off-street parking in the vicinity of the Sheraton Hotel; and, WHEREAS, Cogburn owns a tract of land, containing approxi- mately six (6) acres , lying north of the Sheraton Hotel tract, on the west side of Central Freeway, and he is willing to make it available free of charge to Sponsors for public parking during this celebration, if they will release him of liability and indemnify him from all claims for damages arising out of the use of such land. NOW, THEREFORE, the parties hereto do hereby agree as follows: Cogburn agrees to make such tract of land owned by him available to Sponsors to be used by the general public for parking during Falls Fest on June 5, 6 , and 7 , 1987 , without charge to the Sponsors . Sponsors agree to release Cogburn of liability arising out of such' use of this land, and to indemnify him against all claims for damages arising out of the use of such land for public parking during this period of time. DATED this, the 19th day of May, 1987 . CITY OF WICHITA FALLS, TEXAS E By: James Berzina, City Manager ATTEST: City Clerk JUNIOR LEAGUE OF WICHITA FALLS, INC. By.' La•rie Cruse, President STREAMS AND VALLEYS By:0_07X0-6 Sue Crosng , President D. C. Cogburn 2