Baxter Springs news. [volume] (Baxter Springs, Kan.) 1882-1919, 1894-04-28
TINE COLLEGE MATTER.

city council held Thursday evening
the committee, appointed to confer
with Professors Bowman and
Browning and formulate a contract
by which the city hall building and
realty thereunto belonging should
be turned over to Professors Bow
man and Browning for the estab-
lishment of normal and business
college therein, made it's report
through it's chairman, W. ii. HOrnOr.
The agreement proved satisfactory
TO the council and is as follows:
This agreement. made and entered into.
at Baxter Springs. Kansas, April 26. 1894.
between the city of Baxter Springs, party
of the first part. and c. S. Bowman and
]. H. Browning of the second part. as
follows. to-wit:
The party of the first part, for and in
consideration of the conditions and stipu-
lations hereinafter expressed. does hereby
lease to said parties OF the second part the
city hall building and grounds thereto be-
longing for the purpose OF conducting
normal and business college therein, by
said party of the second part, their sue
cessors and assigns, for the period Of
ninety-nine years from the date hereof,
upon the following terms and conditions:
FIRST. The said parties Of the second
part agree to keep said building insured
against fire in the sum Of 10000 during
the full term of this agreement, payable
to the city.
SECOND. Said second parties agree to
keep said city hall and all buildings and
improvements which may be erected on
said premises, and all trees, shrubs and
fences in good repair at their own expense.
THIRD. Said second parties to have the
right to make any alterations. changes or
arrangement in said building so as not to
impair weaken or injure said building.
and may erect any buildings or additions
at their own expense necessary to the
proper maintenance and success of said
college.
FOURTH. Said second parties shall have
the right to remove from said premises
their furniture, fixtures and apparatus
which can be removed without injury to
the buildings.
FIFTH All buildings. improvements
and repairs, whether attached to the realty
or not, shall not be removed from said
premises, but are hereby declared to be.
whenever erected, part of the realty,
and to belong to the party of the first part.
SIXTH. The parties of the second part
agree and guarantee that the number OF
students attending said college the second
year shall be not less than an average
daily attendance of fifty pupils, who pay
for their attendance. and after the third
year the daily attendance of paying pupils
shall average seventy-five during each
year Provided. that in case OF great
financial trouble epidemic or general de-
preston in business, the failure to main
tain the full attendance for single period
of two years shall be allowed. but no
more. And said school shall be con-
Quoted in proper and creditable manner,
as an educational institution. and be kept
open and in continuous operation not less
than nine months in each year.
SEVENTH Said second parties shall in
cur no debts or liabilities against said
property or said city. and said city shall
in no wise be responsible for any debts or
liabilities incurred or created by said par
ties of the second part and said premises
shall in no manner be liable for any build
ings or improvements erected upon or re-
paired by said parties of the second part
EIGHTH. This agreement is made upon
the express condition that at the cxpira-
ton of this agreement. or at any time
prior thereto, upon the failure OF said
parties of the second part, their success
ors or assigns, to fulfill and carry out, in
good faith, all of the foregoing conditions
and terms of this agreement, then this
agreement thereby at once becomes and
is hereby declared to be. then and there
after, absolutely null and void. and OF no
force and effect, and the said parties OF
the second part thereby forfeit to said
party Of the first part all the rights, bene-
fits. privileges. buildings, improvements.
and use of said premises, without reserva-
ton, and agree to surrender the possession
thereof to said party of the first part on
demand.
NINTH. Said first party shall not be
liable to said second parties for any dam
ages they may sustain by reason OF any
judicial proceedings affecting or concern.
ing the premises herein described. but said
first party agrees to make proper defense
to any legal proceedings against said prop
erty. or in any manner affecting the rights
of the second parties therein. or their
possession thereof.
a The above contract suits the city
@uncil, but copies of it will be cir
culated about town with a petition
attached for signatures asking that
the city council accept II: When
presented to you, sign it. We want
such an institution and the above
contract is certainly fair enough.