Res 018-2002 2/19/2002RESOLUTION NO. I -��7•
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A
TEN -YEAR LEASE AGREEMENT WITH THE WICHITA FALLS
RAILROAD MUSEUM FOR LOTS 1 -9, BLOCK 177, ORIGINAL TOWN
OF WICHITA FALLS; FINDING AND DETERMINING THAT THE
MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN
TO THE PUBLIC AS REQUIRED BY LAW.
WHEREAS, the City of Wichita Falls owns Lots 1 -9 in Block 177, Original Town,
Wichita Falls, which is part of the land on which the Railroad Depot is located; and
WHEREAS, the Wichita Falls Railroad Museum, a non - profit corporation, desires
to continue the development of the property as a historical railroad museum, and has
requested that the City execute a lease for such purpose
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
SECTION 1. That certain lease agreement, a copy of which is attached hereto,
leasing such land to the Wichita Falls Railroad Museum for a term of ten years is hereby
approved, and the City Manager is authorized to execute the same for the City of
Wichita Falls.
SECTION 2. It is hereby officially found and determined that the meeting at
which this resolution was passed was open to the public as required by law.
PASSED AND APPROVED this the 19th day of February, 2002.
MAYOR
ATTEST:
- la-) �` aki
City Clerk
I
I
LEASE OF LOTS 1 -9, BLOCK 177, ORIGINAL TOWN OF
WICHITA FALLS (LESS A THIRTY -FOOT STRIP OF LAND
TO THE WICHITA FALLS RAILROAD MUSEUM
This lease, made and entered into this the 19th day of February, 2002, by and
between the City of Wichita Falls, Texas, hereinafter called "City," and the Wichita Falls
Railroad Museum, Inc., a Texas non - profit corporation, hereinafter called "Museum,"
WITNESSETH:
For and in consideration of the mutual covenants herein contained, City and
Museum do hereby agree as follows:
1. City does hereby lease unto Museum the following described tract of land
situated in Wichita County, Texas, to -wit:
All of Lots 1 -9, Block 177, Original Town of the City of
Wichita Falls, 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.
2. This property shall be used by Museum only for development of a
historical museum district, including a railroad museum, oil and transportation museum
and other similarly related museum developments as may be approved under the terms
a 2
of this lease agreement. Development and operation of the railroad museum shall be
undertaken by Museum.
3. The term of this lease shall be ten (10) years, beginning February 19,
2002.
4. Museum shall pay City rental at the rate of One and No /100 ($1.00) Dollar
for the ten- (10) year lease, payable in advance.
5. 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 laws,
ordinances and codes.
6. City shall not be liable for any claim for damages to persons or property
which may occur on the leased premises during the term of the lease, and Museum
shall indemnify and hold harmless the City, its officials, officers and employees from all
claims for damages arising out of the use of said premises. 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 destructions 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 canceled for any reason, the City shall be immediately notified of the intent to
terminate coverage by the insurance provider.
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7. Museum shall not assign this lease nor sublease the premises or any part
thereof without the written consent of City.
8. Museum shall not develop this property, or any part thereof, in a way
which is not consistent with the intention of this lease 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 Museum ninety (90) days advance written notice of its intention to do so.
11. If Museum should breach any of the covenants contained herein, and fail
to correct them within sixty (60) days after City gives 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
covenants concerning the premises.
13. In the event any ad valorem taxes are legally assessed against this
property, they shall be paid by Museum.
IN WITNESS WHEREOF, City and Museum have caused this instrument to be
executed by their duly authorized officers as of the day and year first set out above.
ity of Vichit4X —d ", Texas
erzina, City Mapdgor
. I t .
ATTEST:
STATE OF TEXAS §
COUNTY OF WICHITA §
Wichita Falls Railroad Museum, Inc.
By:�,
Randy Duke, resident
Il
This instrument was executed before me on this day of February, 2002, by
Jim Berzina, City Manager for the City of Wichita Falls, a municipal corporation, on
behalf of said City.
" �YDIA V TORRES
NOTARY PUBLIC Notary ublic, Stale of
s• y STATE OF TEXAS
F ', My Corns Exp. 3- 142002
STATE OF TEXAS §
COUNTY OF WICHITA §
This instrument was executed before me on this 9 day of February, 2002,
by Randy Duke, President of the Wichita Falls Railroad Museum, a non - profit
corporation, on behalf of said Museum. Z--) /?
oc0E TOM W HITE NOTARY PUBLIC tae of Texas
STATE OFTEXA o ry Publi , My Comm. Exp. 9-25-2005