Council Proceedings: February 5, 1906

STATE OF TEXAS, COUNTY OF TARRANT.

This agreement made and entered into this [gap] day of December A. D. 1893, by and between The Fort Worth Market and Cold Storage Company, a private corporation of said County and State party of the first part, and the City of Fort Worth, a municipal corporation, party of the second part, WITNESSETH:

First:- That whereas said party of the second part stands in need of and is desirous of securing and maintaining a City Market and Cold Storage House, wherein, the sale of all fresh meat, fish, poultry, game, vegetables, within certain of the corporate limits of said City, hereinafter defined, shall take place during market hours and wherein said products and articles can be stored, preserved and the sale thereof regulated for the convenience of the public, and for improving the sanitary conditions of said City.

Second:- Now therefore in consideration of the premises and the stipulations, agreements and covenants herein contained and to be performed by said party of the second part, as hereinafter expressed, said party of the first part hereby agrees, obligates and binds itself to erect, build and finish at its own proper expense a commodious Market and Cold Storage House on a certain lot fronting South 194 feet on

Thirteenth Street in said City, and West 180 feet on Monroe Street, and 180 feet East on Jennings Avenue, the same being situated in the N. W. corner of said Jennings Avenue and Thirteenth Street, and in the N. E. corner of said Monroe Street and Thirteenth Street, in said City; and extends from said Monroe Street to said Jennings Avenue and being 194 by 180 feet; said lot being of the reasonable value of and to be purchased on or before said date and held in fee simple by said party of the first part, Said house is to be built 120 feet wide by 184 feet long of brick or rock according to the plans and specifications hereto attached marked "Exhibit A" and hereby referred to and made a part hereof and shall cost the sum of, to-wit: $40,000.00 and shall be denominated "The Fort Worth Market House" and to be used for the purpose of storing, preserving and vending fresh meat, fish, poultry, game, vegetables, etc., within said limits of said City. Said Market House to be so arranged with convenient stalls and fixtures that the same may be used at all seasons of the year and with convenient approaches to the same for wagons, carts, drays, and other vehicles; Said Market House to be completed by said party of the first part and ready for use and occupancy by the first day of September 1894, and to cost, including the value of the ground to be occupied by the same, to-wit: the sum of $69000.

Third:-

Immediately after said Market House is completed, as aforesaid, for occupancy, said party of the first part here-

by stipulates and agrees to place the same in the possession care and control of said party of the second part, for the term of ten-years; and the said party of the second part hereby agrees, obligates and binds itself to accept at said time said Market House and premises of said party of the first part for said purposes, and to use, regulate and control the same and the sale of said articles and products in such manner thereat, for and during said term of ten years; and shall control and rent the stalls in said market house from year to year as may seem proper to the vendors of to the first interest of said articles and products, and to keepers of lunch counters said part of the second part. restaurants and cafes, within the said limits of said City, for such sums of money and on such terms as may be agreed upon by and between said vendors and parties and said party of the second part.

Fourth:-

And in consideration of the foregoing stipulations and agreements and the performance thereof by said party of the first part, said party of the second part hereby binds and obligates itself to have said Market House attended to, controlled and supervised by a manner or clerk or such officer as may be appointed by it; and to have the same and all products therein inspected in such manner as may be deemed advisable by it; and to adopt proper ordinances for regulating said market house and the vending of all of said articles and products thereat, within the following described limits of said city to-wit:

[handwriting]Begining at cor Elm & Peach St running south on Elm St to M.K.& T tract; thence south with M.K& T Track to Terell Av Thence W on Terrell Ave to Hill St. Thence N on Hill st to intersection on Summit Av. W on Summit Ave to inter [/handwriting]

BEGINING CORNER OF ELM & PEACH ST.RUNNING S. ON ELM ST.TO M.K.&T. TRACT; S.WITH M.K.&T TRACT TO TERRELL AVENUE;THENCE WEST ON TERRELL AVENUE TO TO HILL ST.; THENCE N.ON HILL STREET TO THE INTERSECTION ON SUMMIT AV., N.ON SUMMIT AV.TO INTERSECTION ON NORTH ST.THENCE WEST ON NORTH ST. TO PENN ST.THENCE N. ON PENN ST. TO THE CLEAR FORK OF THE TRINITY RIVER; THENCE WITH MEANDERINGS OF SAID RIVER TO N.LINE OF ELM STREET; THENCE S. TO PLACE OF BEGINING.

And said party of the second part hereby obligates and binds itself to pass all proper and necessary ordinances on or before said 1st day of September 1894, or before the completion of said house, and to prohibit the sale of fresh meat, fish, game, and dressed poultry within said described limits elsewhere than at said Market House and to otherwise regulate the sale of live poultry and vegetables within said limits for and during said term of ten years; and it further obligates itself to rigidly enforce said ordinances so as to insure said premises to be the central market place in said City limits (and to insure and income from said market, from the rentals therefrom to defray all the fixed charges theron as hereinafter specified.) And it is further agreed between said parties that said party of the second part shall have exclusive control and management of said Market House and premises and the leasing and renting of all privileges thereat and stalls therein to vendors of all of said articles and products, and to such other persons desiring privileges thereat, and shall collect all rentals of whatsoever nature accruing or to accrue during said term from said Market House, and out of the proceeds so collected by the party of the second part, it obligates and binds itself to pay; First:- all the necessary expenses for inspecting, supervising and maintaining said Market House during said term, including the necessary repairs of said premises, taxes, premiums of insurance, for keeping said building well insured. Secondly:- To pay to the party of the first

6.

part interest on the said stipulated value of said premises at the rate of 6 per cent per annum, payable semi-annually, out of said rentals aforesaid during said term of ten years. Thirdly:- All the remainder of said rentals so collected by said party of the second part from said premises, shall be retained by said party of the second part for its own use and benefit to compensate it for regulating, maintaining and supervising said Market and Cold Storage House during said terms as aforesaid. But in no event sahll said party of the second part be liable for more than the fair and reasionable rents value of said market collected as aforesaid. Fourth:- But it is expressly understood and agreed by and between said parties that should said party of the second part from any reason or cause whatsoever, at any time, fail or refuse to carry into effect and perform each and every provision and stipulation in the above and foregoing section Four of this contract, so as to insure the sale of all of said products in said district specified at said Market House, (and to insure an income therefrom as aforesaid) and to collect the same and to liquidate said fixed charges as aaforesaid, then in such event said party of the second part hereby obligates and binds itself to let and lease said Market House and premises of said party of the first part from and after such default or failure as aforesaid, during said term of ten years or the remainder thereof, after such default or failure, and to pay said party of the first part during said time after such failure and default, for the use

#And should there in any event be a deficit in the rents of said market House to liquidate said fixed charges and expense then in such event it is expressly understood and agreed between said parties hereto that said party of the second part shall not be liable for any of such deficit