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Res 2473 3/11/1980RESOLUTION NO. M75 RESOLUTION APPROVING LEASE OF LAND IN DEPOT SQUARE TO WICHITA COUNTY HERITAGE SOCIETY FOR BURKBURNETT RAILROAD DEPOT BUILDING. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS , TEXAS, THAT: That certain lease, a copy of which is attached hereto, to the Wichita County Heritage Society of part of Lots 1 and 2 , Block 177, Original Townsite for location of the Burkburnett railroad depot building is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. PASSED AND APPROVED this the 11th day of March, 1980. M A Y O R ATTEST: City C erk STATE OF TEXAS COUNTY OF WICHITA This lease made and entered into this the day of March, 1980, by and between the City of Wichita Falls, Texas, hereinafter called "City" , and the Wichita County Heritage Society hereinafter called "Society" , WITNESSETH: For and in consideration of the covenants and agreements hereinafter contained, City hereby leases to Society that certain tract of land in Wichita Falls, Wichita County, Texas, described as follows: All of Lots 1 and 2, Block 177, Original Townsite, save and accept 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 there- from, 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 beg- inning. 1. SocietySoa shall locate on the leased remises theYP Burkburnett railroad depot building. It is understood that Society may use part of the building for their offices, and may rent out other space in the building for shops, offices, and other related purposes. 2. The term of this lease shall be for a period of 30 years, commencing March 1980. 3. Society shall pay to City as rental for this lease the sum of $1.00 per year which shall be payable annually in advance. 4. Society shall have the right to terminate this lease at any time by giving City 90 days written notice of their intention to do so. 5. In the event that such railroad depot building should cease to have historical significance, and the title to such building become vested in someone other than Society, then this lease shall terminate, and Society shall remove the building from the leased premises. 6. It shall be the responsibility of Society to maintain the leased premises in accordance with applicable codes. Society shall maintain such leased premises and the depot building in an attractive condition, and shall keep such premises clean and free from trash and other offensive objects. 7. City shall never be liable for any claim for damages to person or property which may occur on the leased premises during the term of this lease, and Society shall hold City harmless from any such claims for damages. 8. Society shall not assign this lease nor sublease the leased premises without the prior written consent of City; however, Society may rent out space in the building without consent of City. Society shall keep City informed of the identity of all such tenants in the building. 9. In the event of the breach of any of the covenants herein by Society, which breach is not cured by Society within 60 days after notification in writing by City of such breach, City shall have the right to terminate the lease. IN WITNESS WHEREOF, City and Society have caused these presents to be executed the day and year set out above. CITY OF WICHITA FALLS BY: Gerald G. Fox City Manager ATTEST: City Clerk WICHITA COUNTY HERITAGE SOCIETY BY: President ATTEST: Secretary