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Res 195-85 12/3/1985RESOLUTION NO. 8.5-f RESOLUTION APPROVING A CONSTRUCTION AGREEMENT WITH THE WICHITA COUNTY HERITAGE SOCIETY FOR A PARKING LOT IN DEPOT SQUARE . BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS , TEXAS , THAT: That certain construction agreement, a copy of which is attached hereto, with the Wichita County Heritage Society for a parking lot on a portion of Lots 1 and 2, Block 177 , Original Townsite, for a parking lot is hereby approved, and the City Manager is authorized to execute same on behalf of the City of Wichita Falls . PASSED AND APPROVED this the 3rd day of December, 1985 . M Y O R ATTEST: City Clerk STATE OF TEXAS X COUNTY OF WICHITA X This Agreement, made and entered into this the day of November, 1985 , by and between the City of Wichita Falls , Texas , hereinafter called "City" , and the Wichita County Heritage Society, hereinafter called "Society" , WITNESSETH: WHEREAS, the City is Lessor and the Society is the Lessee of the property described below: All of Lots 1 and 2, Block 177, Original Townsite, 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. and both parties , desiring improvement for parking on said property, do hereby agree as follows : 1) The City agrees to construct a 21-vehicle parking facility on the premises described above. Said construction shall include the installation of concrete curb sections or similar material to mark the parking spaces . Said construction shall include the original surfacing with pulverized asphalt. The City agrees to maintain such surfacing . 2) The City and the Society agree the construction of a parking facility shall be for the primary use of customers of the Depot Square Lunchroom and the Farmer 's Market and hereby agree to permit parking by such customers . The City agrees to erect a sign at the entrance of the lot designating the purpose of said lot, as well as a sign limiting the weight of the vehicles to 8 , 000 pounds . 3) The Society agrees to maintain the parking facility free from trash and other offensive objects . 4) The Society agrees to hold the City free and harmless from any and all claims for damages to person or property which may occur on said premises . 5) This agreement shall not be transferred or assigned without the advance written approval of the City. This agreement constitutes the entire agreement between the parties and no other conversation, memoranda, or other matter shall vary, alter or interpret the terms hereof . IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first above written. CITY OF WICHITA FALLS, TEXAS By: James Berzina, City Manager ATTEST : City Clerk WICHITA COUNTY HERITAGE SOCIETY By: President ATTEST : Secretary 2 -