HomeMy WebLinkAboutResolution - 5756 - License Agreement - National Windmill Project Inc.- Operate_Construct Museum - 01_22_1998a
RESOLUTION NO. 5756
Item #42
January 22, 1998
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed
to execute for and on behalf of the City of Lubbock a License Agreement, providing for
the grant of a license to construct and operate a museum for the display of windmills of
historical and antiquity value, attached herewith, by and between the City of Lubbock and
National Windmill Project, Inc., and any associated documents, which Agreement shall be
spread upon the minutes of the Council and as spread upon the minutes of this Council
shall constitute and be a part of this Resolution as if fully copied herein in detail.
Passed by the City Council this 22nd day of
ATTEST:
' �►. t
Kayt a Darnell, City gecretary
APPROVED AS TO CONTENT:
Gjamma quavuL)
Tommy GoAzalez, M nag' g Director of
Culture & Leisure
APPROVED AS TO FORM:
Richard dasANatural Resour ttomey
RC:gs/Windmil.res
January 16, 1997
r
RESOLUTION NO.5756
Item #42
January 22, 1998
LICENSE AGREEMENT
THIS License Agreement (the "Agreement') is entered into on this 22nd day of
January, 1998, between the CITY OF LUBBOCK, TEXAS (the "City"), a Texas Home Rule
Municipal Corporation, and the NATIONAL WINDMILL PROJECT, INC. ("NWP"), a Texas
nonprofit corporation, acting by and through their respective and duly authorized officers
and officials.
RECITALS
WHEREAS, NWP is a nonprofit corporation founded in 1993, in cooperation with
the City, and with donations and grants from interested and caring citizens, organizations
and charitable foundations, is achieving its goal of locating, acquiring, restoring,
preserving and displaying Historic American Windmills (the "Windmill Collection");
WHEREAS, it is the belief of the City and NWP that the public display of said
windmills will provide recreational activities and opportunities to the residents of the City,
and encourage tourism to the City;
WHEREAS, NWP desires to acquire and exhibit the windmills to the public (the
"Museum Project") over and on that certain real property described on Exhibit "A" attached
hereto (the "Lands");
WHEREAS, pursuant to Cooperative Agreement dated November 18, 1993 (herein
so called), NWP agreed to construct the Museum Project on Lands owned by Texas Tech
University, and the City provided funds upon the conditions stated therein for the purchase
of all or a portion of the Windmill Collection;
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WHEREAS, the term of the Cooperative Agreement has expired and the City and
NWP now believe that, to maximize the benefits of the Museum Project to the City and its
citizens, the Museum Project should be constructed on the Lands; and
WHEREAS, for the purpose of the promotion of recreational opportunities for the
citizens of the City, the promotion of tourism industry in the City, and furthering Economic
Development and Recreation, Parks, Entertainment and Cultural Affairs goals as
established in "Goals for Lubbock - A Vision Into the 21 st Century,' NWP and the City now
desire to enter into this Agreement.
ARTICLE I
License
Section 1.01. License. In consideration of the mutual covenants and agreements
of this Agreement, the forbearance, so long as NWP shall be in compliance with the
provisions hereof, of the collection by the City of funds provided to NWP under the
Cooperative Agreement, and of other good and valuable consideration, the City hereby
grants upon the terms and conditions set forth in this Agreement, a license on and over
the Lands to NWP, for the sole purpose of constructing, maintaining and operating the
Museum Project.
Section 1.02. Tenn. The term of this license is twenty (20) years beginning on the
date of the execution of this Agreement by the City, and ending on the twentieth
anniversary of such date (the "Primary Term"), unless terminated sooner as provided in
this Agreement.
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For the consideration herein expressed, the City is hereby granted an option to
extend the term of this Agreement, upon identical terms and conditions of this Agreement,
for four (4) additional successive option periods of ten (10) years each (the 'Option
Period").
This Agreement shall terminate without further notice when the Primary Term or
Option Period, whichever is applicable, as specified in Section 1.02 expires, and NWP
shall immediately vacate the Lands. Any holding over by NWP after that term expires,
except as provided otherwise in this Agreement, shall not constitute a renewal of this
Agreement, or provide NWP any rights whatsoever under this Agreement and/or to the
Lands.
ARTICLE 11
lmprovemenfs
It is the goal of NWP to construct, manage and operate the Museum Project
described in the following Articles. NWP acting through its governing Board of Directors
shall construct, manage and operate the improvements in compliance with all State and
Federal laws, statutes and regulations and local ordinances. In addition, unless the
consent and/or approval of the City and other parties is required herein, NWP shall
cooperate with and seek input from the City of Lubbock, Texas Parks and Wildlife
Department and the Texas Historical Commission in the establishment, maintenance and
management of the Museum Project. It is understood that NWP is a nonprofit corporation
and its compliance with certain construction activities required herein are dependent upon
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the generosity of others for donations, grants and assistance, without which it cannot
function.
Section 2.01. Construction — Fencinu/Phase 1. Notwithstanding anything to the
contrary, prior to, or concurrent with, the placing or location of the improvements described
in Sections 2.02 through 2.10, upon the Lands, NWP shall construct fencing surrounding
the boundaries of the Lands of sufficient height and design to exclude unauthorized
persons from entering the Lands. Further, NWP shall construct, or cause to be
constructed, two (2) entrances to the Museum Project, constructed out of brick provided
by the City, iron and/or other materials as the City may approve, upon the Lands. The City
shall provide to NWP all of the bricks located upon the Lands to utilize in such construction
and other construction upon the Lands related to the Museum Project.
Section 2.02. Construction —Phase 1. NWP shall utilize its best efforts to
construct, or cause to be constructed, and locate upon the Lands, five (5) to seven (7)
windmills as selected by NWP on or before December 31, 1998. Further, during such
period of time, NWP shall construct, or cause to be constructed, a paved or unpaved
parking area, suitable for parking automobiles in all weather conditions, upon an area of
the Lands as agreed by NWP and the City. Notwithstanding anything to the contrary
herein, the construction activities set forth in this Section 2.02 shall be completely
constructed and/or completed on or before December 31, 2001.
Section 2.03. Construction — Site Plan. On or before December 31, 1998, NWP
shall submit to the City a detailed Site Plan (herein so called) of the Lands, which shall
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detail all aspects of the Museum Project, including the proposed location and general
appearance of all permanent (as described in Exhibit "B") improvements thereon,
including, but not limited to, buildings, interior fencing, landscaping, and including the
proposed identification and location of all temporary or removable improvements (as
described in Exhibit "C") including windmills, support structures, water tanks, troughs and
related above ground piping.
The Site Plan is subject to review and approval by the City and Parks and
Recreation Board of the City, or their successors; and, if required by law, any other parties
or entities, including without limitation the State of Texas, Texas Parks and Wildlife
Department and the Texas Historical Commission. Any such parties, may, in their sole
discretion, require any changes, amendments or corrections to the Site Plan. In the event
NWP shall disagree with the rulings of the Parks and Recreation Board, or its successors,
such dispute may be appealed to the City Council. Except as stated otherwise, "Site Plan"
shall mean and refer to the Site Plan, as approved as described herein.
Section 2.04. Construction — Phase 2. NWP shall utilize its best efforts to
construct, or cause to be constructed, and locate upon the Lands, an additional five (5) to
seven (7) windmills, as depicted in the Site Plan on or before December 31, 1999.
Further, during such period of time, NWP shall utilize its best efforts to construct, or cause
to be constructed, temporary all weather pathways or walkways for use by the visiting
public upon the Lands suitable for viewing the Museum Project, as constructed during
Phase 2. Notwithstanding anything to the contrary herein, the activities set forth in this
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Section 2.04 shall be completely constructed and/or completed by or before December 31,
2001.
Section 2.05. Construction — Phase 3. NWP shall utilize its best efforts to
constrict, or cause to be constructed, and locate upon the Lands, an additional five (5) to
seven (7) windmills, as depicted in the Site Plan on or before December 31, 2000.
Further, during such period of time, NWP shall utilize its best efforts to construct, or cause
to be constructed, permanent all weather pathways and walkways upon the Lands as
depicted in the Site Plan. Notwithstanding anything to the contrary herein, the activities
set forth in this Section 2.05 shall be completely constructed and/or completed by or before
December 31, 2001.
Section 2.06. Construction Goats — Phase 4. For the years 2001 through 2005,
NWP shall utilize its best efforts to construct, or cause to be constructed, upon the Lands,
an additional five (5) to seven (7) windmills as depicted in the Site Plan, on or before the
thirty-first (31 st) day of December of each of such years.
Section 2.07. Construction -- Interpretive Center Building.
(a) NWP shall utilize its best efforts to submit to the City detailed working
drawings, plans and specifications for the construction of the main structure of the Museum
Project, often referred to as the Interpretive Center Building, prepared by a licensed
architect or engineer, on or before December 31, 2002.
(b) NWP shall utilize its best efforts to construct, or cause to be constructed, the
Interpretive Center Building, in accordance with the drawings, plans and specifications
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previously submitted to the City, on or before December 31, 2003. The construction of the
Interpretive Center Building shall be sufficiently complete as to allow the architect or
engineer to issue a certificate of substantial completion of the outer shell so as to allow
placement of windmills therein for the protection from the outdoor elements.
(c) NWP shall utilize its best efforts to construct, or cause to be constructed, an
addition to the Interpretive Center Building, as depicted in the plans submitted pursuant
to Section 2.07(a), to be utilized for indoor museum displays, on or before December 31,
$E
(d) Notwithstanding anything to the contrary herein, NWP shall completely
construct, or cause to be completely constructed, the Interpretive Center Building on or
before December 31, 2008. The Interpretive Center Building shall contain at a minimum,
(i) 32, 000 square feet of finished space; (ii) display area sufficient to house fifty (50)
windmills; (iii) theater with sufficient capacity to seat 50 persons; and (iv) concession/retail
store area.
Section 2.08. Windmill Exhibit Existing Facilities. On or before December 31,
1999, and until the Interpretive Center Building is completed, NWP shall display the
windmills not otherwise located upon the Lands, to the public.
Section 2.09. Future Construction Goal. It is anticipated by NWP to add and/or
construct further improvements to the Lands, including, but not limited to, additional
windmills and transportation systems, not depicted in the Site Plan. The specificity of such
future construction is impossible to ascertain at this time; nevertheless, any additional
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construction of any type or kind and/or any placement or location of any improvements,
whether to be placed on Exhibit °B' or Exhibit °C', shall be subject to the prior approval of
the City and others described entities, as set forth in Section 2.11 below.
Section 2.10. Water Wells. NWP may drill water wells, as approved, and only as
approved, in accordance with Section 2.11, below, upon the Lands. NWP shall use the
water produced from said wells for approved nonpotable purposes, such as, if approved,
irrigation of the grounds and landscape, but shall not allow or permit the use of water for
human or animal consumption. Further, members of the visiting public, unless all parties
having the right to review the activities of NWP shall otherwise consent, shall be restricted
from access and/or contact with water produced from such well or wells.
Section 2.11. Approval of Construction. No construction of any type or kind,
including additions or alterations to existing structures or structures completed, or caused
to be completed, by NWP and/or placement or location of improvements, as described in
Sections 2.01, 2.03, 2.07, 2.09, 2.10 and 2.14, shall be commenced unless the plans,
specifications and proposed location of such construction and/or location of the
improvements have received, unless provided otherwise, the City's, and if required by law,
any other parties, including without limitation the State of Texas, Texas Parks and Wildlife
Department and Texas Historical Commission's, prior written approval.
NWP shall, at its own expense, engage a licensed architect or engineer to prepare
plans and specifications for the construction, addition, location or alteration of any building
or improvement, and all construction and alteration of any building or improvement shall
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be conducted in compliance with all applicable permits, ordinances, and statutes now or
hereinafter existing. NWP shall submit a copy of detailed working plans, drawings, and
specifications to the City not less than thirty (30) days prior to the commencement of such
activities.
The City, and any other parties having the right of approval, as described herein,
shall review all plans submitted by NWP and provide to NWP, in writing, any required
changes or corrections that must be made that the City and or other parties having the
right of approval, as described herein, may deem necessary in their sole discretion. The
failure to receive the approval described herein shall not excuse the performance by NWP
of any provision and/or activity described and/or required in this Agreement.
The City, and other parties having the right of approval, as described herein, shall
have the right at all times to observe any and all activities described in Article II. Neither
the City nor other parties having the right of approval as described herein shall have any
liability or responsibility for the architectural or engineering design or for any defect in any
building or improvement constructed from the plans or specifications described herein, nor
shall such approval and/or observation relieve NWP from any or all of its obligations
provided herein.
Minor repairs and/or alterations necessary to maintain existing structures and
improvements located upon the lands in a sound state of repair does not require
submission and approval as described herein.
Section 2.12. Surety. Any and all contracts that NWP may enter into with third
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parties to participate in the construction and/or location of improvement activities
contemplated by this Agreement shall contain the requirement that such third parties
adequately bond their performance under said contract, naming the City as a co -
beneficiary or co -secured. The original of said bonds are to be suitable in form to the City
and submitted to the City prior to the commencement of any activities. of any kind by such
third parties.
Section 2.13. Ownership of Buildings and Improvements. Any and all buildings,
walkways, parking lots, fences and entrances constructed, placed, located and/or
maintained on any part of the Lands during the tern to this Agreement which are included
on Exhibit "B" attached hereto shall be considered part of the real property and must
remain on the Lands and, subject to the terms of this Agreement, become property of the
City, from and after the termination of this Agreement. Those improvements, including but
not limited to, windmills, water storage, tanks, troughs, pumps, displays, signs and above
ground piping, which are included on Exhibit "C" located and/or maintained on any part
of the Lands during the term of this Agreement are considered temporary improvements
and not a part of the real property, and shall remain the property of NWP from and after
the termination of this Agreement. After the initial list comprising the property described
on Exhibit "B" and Exhibit "Cs is established and attached hereto, and prior to the
placement of any additional permanent or temporary improvements upon the lands, NWP
shall consult with the City and agree upon whether the proposed improvement should be
included on Exhibit "B" as permanent improvement to the real property, or Exhibit "Co as
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temporary improvement. If the City and NWP cannot agree on which list the proposed
improvement should be included, then any and all buildings, additions to buildings and any
other improvement that would be classified or considered as a fixture or a part of the real
property wherein located, shall remain on the Lands, and subject to the terms of
Agreement, become the property of the City from and after the termination of this
Agreement.
Section 2.14. Removal of Improvements. NWP may at any time in its discretion
remove temporary improvements such as windmills, provided another windmill shall be
placed in the removed windmill's place within forty-five (45) days of removal.
Upon termination of this Agreement, NWP may remove all property included on
Exhibit "C", and NWP shall repair any and all damage to any buildings or improvements
on the Lands resulting from such removal. Any and all of such items not removed by NWP
on or before ninety (90) days after the termination of this Agreement, shall, at the option
of the City, either (i) become the property of the City; or (ii) be removed and disposed of
by the City at NWP's sole cost and expense. In the event the City shall elect to remove
such property, the City shall owe no duty to protect such property, and shall in no event
be liable to NWP for loss, damage or destruction of same. The City may dispose of any
such property in any manner it desires in its sole discretion and retain any proceeds
received therefor.
Section 2.15. Existing Structures. There currently exists three (3) structures
located upon the Lands, the approximate location of which are depicted on Exhibit OD"
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attached hereto. The City shall at its sole cost and expense, replace or cause to be
replaced, all roofing materials located upon the Indoor Storage Building and Shop Building
as depicted in Exhibit "D°.
Section 2.16. Possession. Notwithstanding the granting of the license herein, the
City shall have and possess the exclusive possession and control of the Yard Office
Building, as depicted in Exhibit "Do, for one (1) year after the execution of this Agreement,
at no cost to the City.
ARTICLE III
Operations of NWP
Section 3.01. Security. NWP shall take any and all actions necessary to prevent
the entry of unauthorized person in, on and/or over the Lands. Such actions shall include,
but are not limited to, the fencing of the Lands sufficient to exclude the entry of
unauthorized persons.
Section 3.02. Access of Public. Entrances to the Lands shall be open to the
general public within reasonable hours as designated by NWP and approved by the City.
Section 3.03. Utilities. NWP shall be responsible for providing and/or furnishing
all utilities to the Lands and any and all improvements located thereon and shall bear any
and all expenses of any kind or nature for the providing of same to the Lands and the
utilization of same in connection with the operation of the Museum Project. Such utilities
shall include, without limitation, water, telephone, electricity, gas, power, sewage disposal
and rubbish removal.
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Section 3.04. Taxes. NWP shall pay and discharge all charges, including without
limitation, personal property taxes, gross receipt taxes, general and special assessments,
and other charges of similar nature which may be levied or assessed against the Lands,
the Museum Project, and/or any activity contemplated by this Agreement, if any.
Section 3.05. Overslght. NWP shall provide at least one (1) full-time employee
of good character to be present on the Lands during all hours that the Museum Project is
open to the public.
Section 3.06. Fees and Concessions. The license granted herein includes the
grant of a concession to NWP to sell goods and/or merchandise relative or related to the
Museum Project (the "Concession Items") on the Lands.
Section 3.07. Prohibition on Encumbrance. NWP shall not encumber any
interest in the license granted herein, the Lands, the improvements described herein,
and/or this Agreement, in any way, manner or form, including, but not limited to, by deed
of trust, mortgage or any other security instrument.
Further, NWP shall not cause or permit any mechanic's liens or any other liens to
be filed against the license granted herein, the Lands, the improvements described herein,
and/or this Agreement by reason of any work, labor, services or materials supplied and/or
performed or claimed to have been supplied and/or performed to, by or for NWP or any
contractor or subcontractors of NWP.
Section 3.08. Right of Entry — Clty. Nothing contained in this Agreement shall
be construed to prohibit, upon reasonable notice to NWP, the right of entry by the City, in,
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on, over and/or across the Lands, at any and all times, and for any and all purposes.
Notwithstanding the above, the City shall only enter the buildings, (excepting the right of
the City as set forth in Section 2.16) located upon the Lands with the prior consent of NWP
or in furtherance of the City's municipal or governmental functions.
Section 3.09. Aggg. NWP shall keep complete and accurate records, books and
accounts according to generally accepted accounting principles, and the City shall have
the right to examine and audit said records at any reasonable time. NWP shall furnish to
the City an annual audit of its books by a certified public accountant on or before ninety
(90) days after the end of each fiscal year of NWP.
Section 3.10. Control of City. The City shall retain all authority placed in it which
is non -delegable. No provision of this Agreement shall be construed as delegating any
non -delegable right, power or duty of the City, and in the event of a conflict between this
Section 3.10 and any other term or provision of this Agreement, this Section 3.10 shall
control and such conflicting tern or provision shall be void and of no force and effect.
ARTICLE IV
Operation Funds
Section 4.01. Solicitation of Funds. NWP shall, during the effective term of this
Agreement, utilize its best efforts to solicit funds from various sources, including, but not
limited to, memorials, honorarians, grants, membership dues, concessions and gifts in
kind, or any other like sources to be utilized in the creation, construction, operation and
maintenance of the Museum Project.
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Section 4.02. Initial Gift. On or before March 1, 1998, NWP shall permit the City
to inspect its books and records as same are kept and required to be kept by the Internal
Revenue Service in order to determine that NWP has received, and NWP shall have
received commitments, pledges, gifts, grants or donations in the amount of at least One
Million Four Hundred Thousand ($1,400,000) Dollars which would be available for the
construction, operation, expansion or improvement of the Museum Project.
Section 4.03. Operation Funds. NWP shall at all times maintain adequate
funding to operate, construct and maintain the Museum Project in accordance with the
terms hereof.
ARTICLE V
Maintenance and Repair
Section 5.01. Maintenance and Duty to Repair. At all times during the term of
this Agreement, NWP shall keep and maintain, or cause to be kept and maintained, all
buildings and improvements, including, but not limited to, windmills erected and/or located
on the Lands, and the landscaping, including, but not limited to, lawns, grasses, flowers
and flower beds, shrubs and trees, in a good state of appearance and repair, to be
determined by the City, in its sole discretion, at NWP's sole expense.
Section 5.02. Damage or Destruction. If any building or improvement constructed
and/or located on the Lands described on Exhibit "A', including, but not limited to, the
Interpretive Center Building, is damaged or destroyed by fire, vandalism, or any other
casualty, regardless of the extent of the damage or destruction, NWP must, within nine (9)
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4
months from the date of the damage or destruction, complete repair, reconstruction or
replacement of the damaged or destroyed building or improvement to the original condition
of such building or improvement. If any improvement, including windmills, described on
Exhibit "C" is damaged or destroyed by fire, vandalism, or any other casualty, regardless
of the extent of the damage or destruction, and so long as NWP shall be in compliance
with all terms and provisions of the Agreement, including without limitation, all terms
relating to the Site Plan, NWP shall, in with consultation with the City, decide whether to
repair or replace the damage or destroyed windmill or other improvement.
ARTICLE VI
Insurance, Indemnity and Release
Section 6.01. Indemnity and Release. NWP SHALL INDEMNIFY AND HOLD
HARMLESS, TO THE FULLEST EXTENT PERMITTED BY LAW, THE CITY, AND CITY'S
RESPECTIVE OFFICERS, EMPLOYEES, ELECTED OFFICIALS AND AGENTS, FROM
AND AGAINST ANY AND ALL LOSSES, DAMAGES, CLAIMS OR LIABILITIES, OF ANY
KIND OR NATURE, WHICH ARISE DIRECTLY OR INDIRECTLY, OR ARE RELATED TO,
IN ANY WAY, MANNER OR FORM, THE ACTIVITIES CONTEMPLATED HEREUNDER,
OR THE OMISSION OF THE ACTMTIES CONTEMPLATED HEREUNDER, INCLUDING,
BUT NOT LIMITED TO, LOSSES, DAMAGES, CLAIMS OR LIABILITIES ARISING FROM
OR RELATED TO, IN ANY WAY, MANNER OR FORM, THE ACT OR OMISSION OF
THIRD PARTIES AND/OR CAUSED OR CONTRIBUTED TO, IN ANY WAY, MANNER OR
FORM, BY THE NEGLIGENCE OR FAULT OF CITY, ITS RESPECTIVE OFFICERS,
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EMPLOYEES, ELECTED OFFICIALS AND/OR AGENTS. NWP FURTHER COVENANTS
AND AGREES TO DEFEND ANY SUITS OR ADMINISTRATIVE PROCEEDINGS
BROUGHT AGAINST THE CITY AND/OR THE CITY'S RESPECTIVE OFFICERS,
EMPLOYEES, ELECTED OFFICIALS AND/OR AGENTS ON ACCOUNT OF ANY SUCH
CLAIM, AND TO PAY OR DISCHARGE THE FULL AMOUNT OR OBLIGATION OF ANY
SUCH CLAIM INCURRED BY, ACCRUING TO, OR IMPOSED ON THE CITY, OR THE
CITY'S RESPECTIVE OFFICERS, EMPLOYEES, ELECTED OFFICIALS AND/OR
AGENTS, AS APPLICABLE, RESULTING FROM ANY SUCH SUITS, CLAIMS, AND/OR
ADMINISTRATIVE PROCEEDINGS OR ANY MATTERS RESULTING FROM THE
SETTLEMENT OR RESOLUTION OF SAID SUITS, CLAIMS, AND/OR ADMINISTRATIVE
PROCEEDINGS. IN ADDITION, NWP SHALL PAY TO THE CITY, THE CITY'S
RESPECTIVE OFFICERS, EMPLOYEES, ELECTED OFFICIALS AND/OR AGENTS, AS
APPLICABLE, REASONABLE AND NECESSARY ATTORNEYS FEES INCURRED BY
SUCH PARTIES IN ENFORCING NWP'S INDEMNITY IN THIS SECTION.
THE CITY, AND ITS RESPECTIVE OFFICERS, EMPLOYEES, ELECTED
OFFICIALS AND AGENTS, SHALL NOT BE LIABLE, AND NWP HEREBY RELEASES
THE CITY, AND ITS RESPECTIVE OFFICERS, EMPLOYEES, ELECTED OFFICIALS
AND AGENTS, FOR, FROM AND/OR AGAINST ANY LOSSES, DAMAGES, CLAIMS OR
LIABILITIES TO NWP, ON ANY THEORY OF LEGAL LIABILITY, INCLUDING, BUT NOT
LIMITED TO THE NEGLIGENCE, OF ANY TYPE OR DEGREE, OR FAULT, OF THE
CITY, ARISING FROM OR RELATED TO, IN ANY WAY, MANNER OR FORM, THE
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d
UNENFORCEABILITY OR VOIDANCE, FOR ANY REASON, OF ALL OR ANY PART OF
THIS AGREEMENT.
THE INDEMNITY AND RELEASE PROVIDED HEREIN SHALL SURVIVE THE
TERMINATION OR VOIDANCE OF THIS AGREEMENT.
Section 6.02. Insurance. NWP shall procure and carry, at its cost and expense
through the life of this Agreement, and the period to time described in Section 2.14 above,
insurance protection as hereinafter specified, in form and substance satisfactory to the
City, carried with an insurance company authorized to transact business in the State of
Texas, covering all foreseeable aspects and operations in connection with this Agreement,
including, but not limited to, all aspects, operations and/or occurrences to which NWP has
indemnified the City, as provided in Section 6.01 hereof. A Certificate of Insurance
specifying each and all coverages shall be submitted to the City prior to the execution of
this Agreement, except as it relates to the required Building Risk Insurance, of which said
Certificate shall be submitted no later than fifteen (15) days prior to the commencement
of construction activities. NWP shall provide to the City proof of the below described
insurance on or before fourteen (14) days prior to the expiration date of each expiring
policy, and cause each required policy to require the insurer to (i) give notice to the City,
as specified herein, of termination of any such policy sixty (60) days before such
termination is to be effective; and (ii) contain a waiver of any and all of the insurer's rights
to subrogation that any such insurer or insurers may acquire by virtue of payment of any
loss under such insurance.
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A. Comprehensive General Liability Insurance, NWP shall have
comprehensive general liability insurance, with limits of
$1,000,000.00 combined single limit in the aggregate and per
occurrence. The City shall be named as an additional insured
in such policy.
B. Owner's Protective or Contingent Pubrc Liability Insurance and
Property Damage Liability Insurance. NWP and/or its
contractor(s) shall obtain an Owner's Protective or Contingent
Public Liability Insurance policy in the amount of, for bodily
injuries, including accidental death and/or property damage of
$1,000,000.00 combined single limit. This insurance coverage
shall include coverage against casualty or damage, including,
but not limited to, damage caused by fire and/or vandalism, to
the Interpretive Center Building and any and all other buildings
and/or other improvements located on the Lands, and shall
name the City as an additional insured.
C. Worker's Compensation Insurance. All contractors hired by
NWP to perform work at any site on the Lands described on
Exhibit °A' shall maintain throughout the course of the job
worker's compensation insurance coverage in accordance with
the statutory requirements of the State of Texas.
D. Builder's Risk Insurance. NWP and/or its contractor(s) shall
have Builder's Risk Insurance in the amount of one hundred
percent (100%) of the prices of each contract relating to the
construction activities contemplated in Article ll, above, and
the insurance shall name the City as an additional insured.
ARTICLE VII
Warranties, Covenants and Representations of NWP
Section 7.01. Existence. NWP is a corporation duly organized, validly existing
and in good standing under the laws of the State of Texas, and is duly qualified to carry
on its business in the State of Texas.
Section 7.02. Power. NWP has the corporate power to enter into and perform this
LICENSE AGREEMENT PAGE 19
HA C VC LN T\W I N DM I LL\L I C E N S E A G R
Agreement and all activities contemplated hereby.
Section 7.03. Authorization. The execution, delivery and performance of this
Agreement and the activities contemplated hereby have been duly and validly authorized
by all requisite corporate action on the part of NWP.
Section 7.04. Board. NWP shall amend its Articles of Incorporation and/or
Bylaws, and any other corporate documents, to provide and effectuate, that, during the
effective tens of this Agreement, one (1) of its Board of Director: be comprised of a
person, recommended by the City Council of the City of Lubbock, and shall take, or cause
to be taken, whatever actions are necessary to effectuate said appointment or
appointments.
ARTICLE VIII
Events of Default and Remedies
Section 8.01. Default. An Event of Default (herein so called) shall exist if any one
or more of the following events shall occur:
(a) Any representation or warranty made by NWP in this
Agreement shall prove to be untrue or inaccurate in any
material respect as of the date on which such representation
or warranty is made;
(b) NWP shall default, in any way, manner or form, in the
performance of any of the covenants, provisions and/or terms
of this Agreement;
(c) NWP shall (i) apply for or consent to the appointment of a
receiver, custodian, trustee, intervenor, or liquidator of itself or
of all or a substantial part of its assets, (ii) voluntarily become
the subject of a bankruptcy, reorganization or insolvency
LICENSE AGREEMENT PAGE 20
HACZLNTNWINDMILLUCENSEAGR
proceeding or be insolvent or admit in writing that it is unable
to pay its debts as they become due, (iii) file a petition or
answer seeking reorganization or an arrangement with
creditors or to take advantage of any bankruptcy or insolvency
laws, (iv) become the subject of an order for relief under any
bankruptcy, reorganization or insolvency proceedings, or (v)
fail to pay any money judgment against it before the expiration
of thirty (30) days after such judgment becomes final; or
(d) NWP shall default in the payment of any material
indebtedness of NWP.
Section 8.02. Remedies upon Event of Default. If an Event of Default shall have
occurred and be continuing, then the City, at its option may (i) declare this Agreement, and
all rights and interests created by it, terminated and NWP shall reimburse the City any and
all sums provided by the City to NWP under the Cooperative Agreement, and otherwise;
(ii) assert an action for damages, including, but not limited to, recovery of any and all sums
provided by the City to NWP under the Cooperative Agreement, and otherwise, and any
and all other damages available to the City under this Agreement and/or pursuant to law
or equity; and (III) pursue and enforce any rights of the City as provided under or pursuant
to any applicable law or this Agreement.
In the event the City elects to terminate this Agreement as provided herein, this
Agreement shall cease as if the day of the City's election to terminate was the day
originally fixed in this Agreement for its expiration.
The remedies provided to the City by law, equity, this Agreement or otherwise are
cumulative, to the extent permitted by law. The exercise by the City of the remedies
provided herein shall not constitute an election of remedies, and the City, irrespective of
UCENSE AGREEMENT PAGE 21
HAMUNTMINDMILLIUCENSEAGR
its exercise of remedies as provided herein, or a portion thereof, shall be entitled to
exercise, concurrently or otherwise, any and all remedies available to it by law, equity, this
Agreement or otherwise.
ARTICLE IX
Miscellaneous
Section 9.01. No Waiver. No failure to exercise, and no delay in the exercise on
the part of the City, of any right hereunder shall operate as a waiver thereof, nor shall any
single or partial exercise thereof preclude any other or further exercise thereof or the
exercise of any other right. The rights of the City hereunder shall be in addition to all other
rights provided by law.
Section 9.02. Notice. Any notice required or permitted to be given herein must be
given in writing and must be personally delivered, delivered by telephone facsimile, or
mailed by prepaid certified or registered mail to the party to whom such notice or
communication is directed at the address of such party as follows:
City:
Director of Parks and Recreation
P.O. Box 2000
Lubbock, Texas 79457
(806) 775-2235
Fax: (806) 775-3240
NWP
Mr. Coy Harris
P.O. Box 94014
Lubbock, Texas 79493
(806) 788-1499
Fax: (806) 788-1499
Any such notice or other communication shall deemed to have been given (whether
actually received or not) on the date it is personally delivered or delivered by telephonic
facsimile, or, if mailed, on the third day after it is mailed as aforesaid. Any party may
UCENSE AGREEMENT PAGE 22
HAMUNTIWINDMILLUCENSEAGR
change its address for purposes of this Agreement by giving notice of such change to all
other parties pursuant to this Section 9.02.
Section 9.03. Assignment/Sublet. This license is personal to NWP. NWP shall
not assign or sublet this license. Any attempt to assign or sublet this license shall
terminate the license granted herein.
Section 9.04. Cam. Unless otherwise provided herein or required by law and/or
local ordinance, charter or code, any action required or permitted to be taken by "the City",
shall be taken by the City Manager of the City of Lubbock or any party designated by him
or her.
Section 9.05. Relationship to Parties. The relationship between the City and
NWP is at all times solely that of licensor and licensee, and may not be deemed, in any
event, a partnership or a joint venture.
Section 9.06. Compliance with Applicable Law. NWP shall comply with all
applicable federal, state and local rules, regulations, statutes, laws and ordinances
governing, in any way, manner or form the construction activities contemplated herein, the
operation of the Museum Project, and/or any other aspect of the activities described in this
Agreement, including, without limitation those regarding to access of the facilities by
handicapped persons and the storage, display and alteration of antiquities.
Section 9.07. Time of the Essence. Time is of the essence of this Agreement.
Section 9.08. Texas Law/Venue. This Agreement is to be construed under Texas
law and applicable federal law, without regard to conflict of law rules that would direct
LICENSE AGREEMENT PAGE 23
HAC\CLNT\WINDMILLMENSEAGR
application of the laws of any other jurisdiction, and all obligations of the parties created
by this Agreement are performable in Lubbock County, Texas. Venue for any action
brought pursuant to this Agreement, or any activity contemplated hereby, shall lie
exclusively in Lubbock County, Texas.
Section 9.09 Partial Invalidity. If any one or more of the provisions contained in
this Agreement are for any reason held to be invalid, illegal, or unenforceable in any
respect, the invalidity, illegality, or unenforceability will not affect any other provision of this
Agreement, which shall be construed as if it had not included the invalid, illegal or
unenforceable provision.
Section 9.10. Agreements Suaerseded. This Agreement constitutes the parties'
sole agreement and supersedes any prior understandings or written or oral agreements
between the parties with respect to the subject matter hereof.
Section 9.11. Amendment. No amendment, modification, or alteration of this
Agreement is binding, unless in writing, dated subsequent to the date of this Agreement,
and duly executed by the parties.
Section 9.12. Attomey's Fees. If, as a result of either party's breaching this
Agreement, the other party employs or uses an attorney or attorneys to enforce its rights
under this Agreement, then the breaching party shall pay the other party the reasonable
attorney's fees and costs incurred to enforce this Agreement.
Section 9.13. Exhibits. The Exhibits which are referenced in, and attached to this
Agreement, are incorporated in and made a part of this Agreement for all purposes.
LICENSE AGREEMENT PAGE 24
HACZLN"nWINDMILL1ICENSE.AGR
Section 9.14. Captions. Section captions are for convenience only and shall in
no way affect the interpretation of this Agreement.
Section 9.16. License Agreement. The intent of this Agreement is to grant a
license to NWP to utilize the Lands solely for the purposes described herein. This
Agreement shall not be construed, in any way, manner or form, as a lease of the Lands or
as conveying to NWP any interest in the real property comprising the Lands.
EXECUTED and effective as of the date of the execution by the City of Lubbock.
CITY OF LUBBOCK, TEXAS
BY:
WINDY 0 , MAYOR
Date executed: 1/ 2 2/ 9 s
ATTEST:
KayttVe Darnell, City Secretary
APPROVED AT TO CONTENT:
Tommy Gdkizalez, Martiging Director of
Culture and Leisure
APPROVED AS TO F RM:
Richard K Ca er, Natural Resources
Attorney
NATIONAL WINDMILL PROJECT, INC.
LICENSE AGREEMENT PAGE 25
HACVCLNTIW INDMILLW CENSEAGR
EXHIBIT A
Description of a tract of land in Section 3, Block O, Lubbock County, Texas, being further
described as follows:
A tract of land containing approximately 28 acres, more or less, bounded on the North by East
Broadway, bounded on the East by Magnolia Avenue, bounded on the South by East 19th Street,
and bounded on the West by the existing Canyon Lakes Drive, running north to south from East
19th Street to East Broadway, said lands to be fenced pursuant to Section 2.01 of the Agreement
(There exists on the property three building including fences, drives and connected utilities which
have been and are being used by the City for its Parks Department.)
Proposed Permanent improvements:
1: Interpretative center display building, approximately 32,000 sq. ft. in size, located in the area
between Canyon Lake Drive and Magnolia Ave and South of 15th Street.
2: Grain mill house of approximately 3,000 sq. ft. located within 150 yards of the main display
building.
3: Walking paths constructed between the two above structures.
4: Perimeter fence along Broadway, 19d' Street and Canyon Lake Drive bf brick and steel
construction.
5: Perimeter fencing along Magnolia Ave of chain link construction.
b: Various walking paths, gravel based, between groups of windmills, to and from the display
buildings.
7: Brick signage incorporated into the fence at the Broadway and 19' Street corners of the
property.
8.: A main entrance gate to the museum from Canyon Lake Drive incorporated into the fencing.
9. Miscellaneous outdoor lighting fixtures.
1001WT10 Althouse-Wheeling Co., PIPE RAYMOND, Waupun, Wis, 10' wood wheel,
1002WTI O Breyer Brothers, Whiting & Co., OZARK, Waupun, Wis, 10' wood wheel,
1003WTIO Baker Manufacturing Co., MONITOR VANELESS, style L, Evansville, Wis.,
1004MT5 Baker Manufacturing Co., MONITOR STEEL, Evansville, Wis., Y steel vdheel,
1005MT24 Twin Wheel Windmill Co., TWIN WHEEL, Hutchinson, Kansas, two 12' _wheels
1006WT 10 Fairbanks, Morse & Co., ECLIPSE, Chicago, III., 10' wood wheel, olive green blood
1007MT4 Stover Manufacturing and Engine Co., SAMSON, Freeport, Ill., 4-3/4' steel wheel,
1008WT6 WINDCHARGER, 100 watt- Purchasedfrom Don Hundley 8-93 by NWP
1009WT4 Homemade, ECLIPSE, 5' garden mill.
101 OMV8 Beatrice Metal Products CoYAERO-MATIC, Beatrice, Nebr, 3-bladed steel,
1 O11MT8 Beatrice Products Co., AERO-MATIC, Beatrice, Nebr., 3-bladed steel wheel with
1012MT8 Kregel Wind Mill Co., ELL Nebraska City, Nebr., 8-1/2' steel wheel, open gears,
1013MV10 Elgin Windmill Co., HUMMER, model L, Elgin, Tll., 10' steel vaneless, galvanized
1014WT 10 Kalamazoo Tank and Silo Co., MANVILLE, Kalamazoo, Mich., 10' solid wood w
1015MT8 U.S. Wind Engine and Pump Co., US MODEL A. Batavia, Ill., 8' steel wheel,
1016MT8 Easy Manufacturing Co., EASY, Lincoln, Nebr., 8' steel wheel, galvanized, open
1017WV 10 Plattner -Yale Manufacturing Cko., PLATTNER YALE, Lincoln, Nebr., 10' wood
1018WT 11 Red Cross Manufacturing Co., KENWOOD, Bluffton, Ind., 10' wood wheel, white
1019WVIO Hastings Foundry and Iran Works, SUCCESS, Hastings, Nebr., 19 wooden
1020MT8 Challenge Co., CHALLENGE STEEL, Batavia, Ill., 8' steel wheel, bright
1021MVI0 Elgin Windmill Co., VICTOR, Elgin, Ili., IV steel vaneless, wood struts, direct stroke,
1022MV12 Fairbanks, Morse & Co., FAIRBANKS-MORSE VANELESS (type V), Chicago,
1023MT6 Currie Windmill Co., CURRIEManhattan, Kans., (poor man's windmill), 6' steel
1024WTi0 Buchanan Wind Mill Co., BUCHANAN, Buchanan, Mich., 10' solid wood wheel, First
1025MTI O Lowell Windmill Manufacturing Co., LOWELL, Salina, Ks., 8' steel wheel, mounted
1026MT8 Mast, Foos & Co., IRON TURBINE, Springfield, Ohio, 8' steel wheel, bucket shaped
1027MT8 Appleton Manufacturing Co., GOODHUE, Saint Charles, Ill., 8' steel wheel, bright
1028WV12 Duplex Manufacturing Co., DUPLEX VANELESS, South Superior, Wis., 10' wooden
1029WT8 Fairbanks, Morse and Co., ECLIPSE, Chicago, Ill., 8-1/2' solid wood wheel with side
1030WTIO Challenge Wind Mill and Feed Mill Co.,CHALLENGE SECTIONAL WHEEL,
1031 WT 10 Elgin Wind Power and Pump Co., FLYING DUTCHMAN, Elgin, Ill., I O' solid wood
1032WTIO Dempster Mill Manufacturing Co., ORIGINAL DEMPSTER SOLID WHEEL,
1033 WT 10 Baker Manufacturing Co., ORIGINAL MONITOR VANELESS, Evansville, Wis.,
1034MT8 Dempster Mill Manufacturing Co., DEMPSTER #8, Beatrice, Nebr., 8' steel wheel,
1035MT8 Perkins Wind Mill Co., PERKINS STEEL, Mishawaka, Ind., 8' bright steel wheel,
1036MT8- Heller-Aller Co., BAKER DIRECT STROKE, Napoleon, Ohio, 8' steel
1037MT6 S. Freeman and Sons Manufacturing Co., CLIPPER, Racine, Wis., 6' steel wheel,
1038MT8 Woodmanse Manufacturing Co., WOODMANSE STEEL, Freeport, Ill., 8' steel
1039MT8 S. Freeman and Sons Manufacturing Co., FREEMAN STEEL, Racine, Wis., 8' steel
1040MT8 Baker Manufacturing Co., MONITOR, Evansville, Wis., Still in original shipping crate
1041 WT 10 Dempster Mill Manufacturing Co., DEMPSTER #11 SELF OILING, Beatrice, Nebr,
1042WT I O Fairbury Iron Works and Wind Mill Co., FAIRBURY VANELESS #1, Fairbury,
1043X WINDLASS, (not a windmill), wooden with bucket and rope.
1044MT8 Yale and Hopewell Co., YALE #6, Lincoln, Nebr., 8' steel wheel, bright galvanizing,
1045P6 Currie Windmill Co., CURRIE, Manhattan, Ks., 6' steel wheel, open gear,
Page 1
1046WT12 U.S. Wind Engine and Pump Co., HALLADAY STANDARD, Batavia, RL, 12'
1047MT 12
Aermotor Company, POWER AERMOTOR, Chicago, Ill., 12' steel wheel,
1048WV12
Elgin Windmill Co., ELGIN MODEL F, Elgin, Ill., 12' vaneless, wood wheel, direct
• 1049WT14
Perkins Wind Mill Co., PERKINS, Mishawaka, Ind., 14' solid wood wheel, direct
1050MT16
Woodmanse Manufacturing Co., WOODMANSE MOGUL, Freeport, Ill., 16' steel
1051 TOWR
Aermator Company, AERMOTOR TILTING TOWER, Chicago, 11, 24' height,
1052MT8
Aermotor Company, PUMPING AERMOTOR,1903 models Chicago, M.,bright
1053MT8
Flint and Walling Manufacturing Co., STAR ZEPHYR, Kendallville, Ind., 6' steel
1054MT 14
Stover Manufacturing and Engine Co., SAMSON, Freeport, Ili., 14' steel wheel,
1055MTIO
Flint and Walling, ZEPHYR, Kendallville, Indiana, 10' steel wheel and tail, enclosed
1056MT8
Dempster Mill Manufacturing Co., DEMPSTER # 12, Beatrice, Nebr., 8' steel wheel,
1057P8
Dempster, DEMPSTER #12
1058WT8
U.S.Wind Engine and Pump, MODEL E, Kendallaville, Ind. 8' wood wheel,open
1059WTIO
Butter Manufacturing Co., TEXAS IMPROVED WOOD MILL, 10'wood wheel and
1060WT 14
Flint and Walling Co., LEADER, Kendallville, Ind., 14' wood, main casting only,
1061MT12
Dempster Mill Manufacturing Co., DEMPSTER #15, Beatrice, Nebr., 12' steel wheel,
1062MT 16
Aermotor Company, AERMOTOR MODEL 702, Chicago, Ill., 16' steel with 40'
1063MT8
Baker Manufacturing Co., MONITOR STEEL, Evansville, Wis., 8' steel wheel,
1064WT 10
F.W. Axtell Manufacturing Co., AXTELL STANDARD, Ft.Worth; Texas, 10' wood
1065P6
Aermator Company, AERMOTOR MODEL 602, Chicago, Ill., 6' steel wheel, tail
1066MT8
Challenge Wind Mill and Feed Milt Co, CHALLENGE. STEEL model 27, Batavia,
1067MT8
Kirkwood Mill and Engine Co., KIRKWOOD, Arkansas City, Kan., 8' steel wheel,
1068WT2
Haberlein Patent Windmill, small yard mill made from drawings.
1069MT 10
Dempster Mill Manufacturing Co., ROPES PROJECT DEMPSTER #12, Beatrice,
1070MT14
F.W. Axtell Manufacturing Co., AXTELL EVER -OILED, Ft. Worth, Texas, 14' steel
1071MT8
KMP Pump Company, PARISH, Earth, Texas, 8' steel wheel, open gearing.
1072MT8
Aermotor Company, 1915 Model Aermotor, Chicago, Ill. This particular model was
1073MT 12
Aermator Company, AERMOTOR MODEL 1897, 12' steel wheel, open gear, This
1074MV 10
Dempster Manuf. Company, DEMPSTER MODEL 14, Beatrice, Neb. short tail
1075WTIO
Baker Manuf Company, MONITOR STYLE X, Evansville, Wis., 10' steel
1076MT 12
Challenge Wind Mill and Feed Mill Co., CHALLENGE 27, sized for a 12' wheel.
1077MT8
Baker Manufacturing Co., MONITOR, Evansville, Wis., 8' steel wheel,
1078MT 15
Flint and Walling Co., STAR MODEL 24, Kendallville, Ind., 15' steel wheel, enclosed
1079MT16
F.W. Axtell Manufacturing Co., AXTELL EVER -OILED. Ft. Worth, Tx., 16' steel,
1080WT 10
F.W. Axtell, AXTELL STANDARD, Ft. Worth, Tx 10' wood wheel, roller bearings.
1081MV4
Home Built, OIL DRUM MILL, Milesand, New Mexico, 8' x 14', made from oil
1082MT8
Elgin Windmill Co., WONDERMILL, Elgin, Ill. 8' steel wheel and tail. The first
1083 WT 18
Fairbanks Morse Co, TEXAS PATTERN ECLIPSE, Chicago, Ill, 1 &' wood wheel
1084MT8
Maud S Wind Mill and Pump Co., MAUD S, Lansing, MI. 8' steel wheel, open
1085MT8
Fairbanks, Morse and Co., STEEL ECLIPSE Type WG, Beloit, Wisconsin, 8'
1086MT8
Fairbury Windmill Comany, MODEL 33, Fairbury, Nebr, 8' steel, enclosed gear,
1087MT8
Heiler -Allen Company, BAKER # ?, Napoleon, Ohio, 8' steel wheel, open gear,
1088MV 10
Superior Manufacturing Co., DUPLEX VANELESS MODEL 22, Superior, Wis., 10'
1089W8
Beatty Brothers Ltd, BEATTY PUMPER, Fergus, On, 8' steel enclosed gear,
1090MT14
Goold., Shapley and Muir, IDEAL POWERAULL, Branford, Ont, 14' steel wheel,
1091MV IO
Superior Manufacturing Co., DUPLEX VANELESS MODEL 22, Superior, Wis, 10'
1092MT8
He11ef-After, BAKER RUN IN OEL, Napoleon, Ohio, I O' steel wheel, enclosed gears,
1093MT8
Flint Ahd Walling manuf Co., STAR MODEL 15, Kendallville, Ind., 8 1/2'
Page 2
1094MT8 Baker Manuf. Co., MONITOR STEEL, Evansville, Wis. 8' steel wheel, open gear.
. 1095MT8 Goold, Shapley, Muir, DOUBLE GEARED IDEAL, Brantford, Ont., 8' steel wheel,
1096MT8 Goold, Shapley, Muir, SINGLE GEAR IDEAL, Brantford, Ont. 8' metal wheel, tail.
1097MT8 Mishler Windmill Co., MISHLER, Beverly, Ks, 8' steel wheel and tail, enclosed gear.
1098WTI O Flint and Walling Co., ORIGINAL STAR, Kendallvalle, In. 10' wood wheel andtail,
1099WT12 Stover Manuf. and Engine Co., WOOD MILL (Eclipse type), Freeport, Ill., 12' wood
1100MT8 Fairbanks, Morse Company, FAIRBANKS, Chicago,111.., 8' metaLwheel, open -par,
I I O I P8 Aermotor Company, MODEL 602, Chicago, Illinois, 8' enclosed gear with early hub.
1102MT 10 _ Dempster Mill-Manuf- Co, DEMPSTER NO- 1Z ANNU-GHX. , I& steel
1103P8 E.F.Collins, Unknown model, San Antonio, Tx, 10' wheel -type, (F and W), open
1104E 14 Fairbury. Windmill Company, FAIRBUIY NO- 7, Fairbury, Nebraska, L4'
1105WT22 F. W. Axtell Company, TEXAS PATTERN ECLIPSE, Ft. Worth, Tx, 22' railroad
1106MT 10 Stover Manufacturing and Engine Co., SAMSON, Freeport, Ill, 16' open
1107MT20 Challenge Company, CHALLENGE 27, Batavia, Ill, 20' enclosed gear, steel
1108MT8 Flint and Walling, TORNADO DAMAGED WINDMILL, found on the Harrell
1109MT8 Aermotor Company, MODEL 612, Chicago, Illinois, main casting and hub only of
1110WT12 U.S. Wind Engine and Pump Co. HALLADAY-STANDARD, Batavia, Ill., 12'
1111MT8 Elgin Windmill Co. MODEL R, Chicago, ILL, 8' steel wheel, enclosed gear,
1112MT8 Fairbury Windmill Co., FAIRBURY # 7, Fairbury, Nebr, 8' steel wheel and tail, e
1113MT10 Aermotor Company, MODEL 602, Chicago, Il., 10' steel wheel and tail, enclosed
1114MT6 Stover Manufacturing and Engine Co., SAMSON, Freeport, ll, 6' steel wheel and
1115MT8 Stover Manufacturing Co., FREEPORT, Freeport,111, 8' steel, open gear,
1116MT8 Challenge Co, CHALLENGE INTERNAL GEAR, Batavia, Ill, 8' steel, open
1117MT8 Stover Manuf. and Engine Co., SAMSON AIRFLOW, Freeport, Ill, 8' steel,
1118MT5 Flint and Walling Co. MODEL 24, Kendallville, Ill, 5' enclosed gear, steel.
1119MT8 Elgin Windmill Company, MODEL B - NEW ELGIN, Chicago,111, 8' steel,
1120MT6 Dempster Mill Manuf. Co. DEMPSTER NO. 12 ANNU-OILED, Beatrice,
1121 W V 10 Challenge Windmill and Feed Co., BANNER, Batavia, Ill, 10 foot wooden wheel,
1122WV10 Breyer Brothers, Whiting and Co., BELL, Waupun, Wis, 10' wooden wheel, bell
1123WVI0 Dempster Manuf Co., BOSS VANELESS, Des Moines, Iowa, 10 foot wooden
1124WV10 Challenge Windmill and Feed Co., CHALLENGE SELF -OILING VANELESS,
1125MT8 Currie Windmill Company, CURRIE SELF -OILER, Manhatan, Kansas, 8' steel
1126MT13 Challenge Windmill and Feed Company, DANDY, Batavia, Ill, 13 foot steel
1127WT 10 Dempster Wind Mill Company, ORIGINAL DEMPSTER SOLID WHEEL,
1128WVIO Dempster Mill Manufacturing Co., DEMPSTER VANELESS NO.4, Beatrice,
1129WTIO Dempster Mill Manufacturing Co., DEMPSTER NO.9, Beatrice, Nebr., 10 foot
1130WV10 Duplex Manufacturing Co., DUPLEX VANELESS, Superior, Ws., 10 foot
1131 WT 14 Fairbanks, Morse and Co., ECLIPSE, Chicago, Ill., 14 foot wood wheel, original
1132WV10 Elgin Wind Power and Pump Co., ELGIN NO.2, Elgin,111., 10 foot wooden
1133WVI0 Elgin Wind Power and Pump Co., ELGIN MODEL E, Elgin Ill., 10 foot wooden
1134WV10 Fairbury Iron Works and Windmill Co., FAIRBURY VANELESS NO.2,
1135MT12 U.S. Wind Engine and Pump Co., GEM, Batavia, Ill.,j 12 foot metal wheel, open
1136WVI0 Baker -Manufacturing Co., ORIGINAL MONITOR VANELESS, Evansville,
1137WV 12 Baker Manufacturing Co., MONITOR VANELESS STYLE M, Evansville, Ill.,
1138WTIO May Brothers, MAY, Galesburg, Ill., 10 foot wooden wheel and side vane,
1139WVIO Baker Manufacturing Co., MONITOR VANELESS STYLE L, Evansville, Ill.,
1140WV20 Nichols, Murphy and Geister, NICHOLS CENTENNIAL, Elgin, Ill., 20 foot
4 Page 3
1141 WT 10 Challenge Wind Mill and Feed Co., OK, Batavia, Ill., 10 foot wooden wheel and
1142WV10 Breyer Brothers, Whiting and Co., OZARK, Waupun, Wis., 10 foot wooden
1143WTIO Plattner -Yale, PLATTNER-YALE, Lincoln, Nebr., 10 foot wooden wheel,
1144WT8 Flint and Walling Manufacturing Co., STAR MODEL 15, Kendallville, Indiana.,
1145WT8 Flint and Walling Manufacturing Co., STAR MODEL 26, Kendallville, Indiana,
1146WV12 Althouse-Wheeler Company, WAUPUN VANELESS, Waupun, Wis., 12 foot
1147WTIO Woodmanse Manufacturing Co., WOODMANSE WOOD, Freeport, Ill, 10 foot
1148MT 12 Woodmanse Manufacturing Co., WOODMANSE MODEL 45, Freeport, Ill., 12
1149WV10 Yale and Hopewell Company, YALE NO.5, Lincoln, Nebr., 10 foot wooden
1150MT24 Twin Wheel Maufacturing Co., TWIN WHEEL, Hutchinson, Kansas, two 12'
1151WT12 Bristol Company, BRISTOL, 12 foot solid wood wheel, eclipse style, only one
1152WV10 Challenge Windmill and Feed Co., CHALLENGE VANELESS, Batavia, Ill., 10
1153WV10 Crane and Ordway Company, C & O, St. Paul, Minnesota, 10 foot wooden wheel,
1154WV 10 Dempster Mill Manufacturing Co., DEMPSTER VANELESS NO. 4, Beatrice,
1155WV10 Elgin Wind Power and Pump Co., ELGIN MODEL L HUMMER, Elgin, Ill., 10
1156WT 10 Perkins Wind Mill Company, PERKINS SOLID WHEEL, Mishawaka, Indiana,
1157WV12 Althouse-Wheeler Company, PIPE RAYMOND, Waupun, Wis., 12 foot wooden
1158WTIO Sandwich Manufacturing Co., SANDWICH-PERKINS, Sandwich, Ill., 10 foot
1159WT 10 Flint and Walling Manufacturing Co., STAR MODEL 15, Kendallville, Indiana,
1160MT8 Western Land Roller, WESTERN, Hasting, Nebr, 8 foot steel wheel, unusual
1161MT8 Challenge Windmill and Feed Co., XRAY, Batavia, Ill., 8' steel wheel, open gear
Electric wind turbines to be given by Alternative Energy Institute, West Texas A&M
Most of these machines were working turbines orginally erected at Rocky Flats Colorado
1162E Wind Engineering Corp, WINGEN, Lubbock, Tx, electric generating wind
1163E UTRC, electric generating wind turbine, 10 meter three bladed horizontal axis, 15
1164E UTRC, electric generating wind turbine, 10 meter three bladed horizontal axis,
1165E UTRC, electric generating wind turbine, 4 meter three bladed horizontal axis,
1166E North Wind Power Company, NORTHWIND, electric generating wind turbine,
1167E WINPOWER, electric generating wind turinbe, 4 meter three bladed horizontal
1168E JACOBS, electric generating wind turbine, 3 meter three bladed horizontal axis,
1169E STORM MASTER, electric generating wind turbine, 11 meter three bladed
1170E ENERTECH, electric generating wind turbine, 5 meter three bladed horizontal
1171E PINSON, electric generating wind turbine, 10 meter vertical axis, IOKW rarted
1172E WINDWORKS, electric generating wind turbine, 10 meter horizontal axis,
1173E Fayette Manufacturing Co., FAYETTE, Livermore, Ca., 17 meter three bladed
Note: Some of these windmills are held only for parts. A few will be traded for other windmills that the NWP wishes to add
to the collection. Others on this list have been promised to NWP but not yet picked up from the farm or ranch location.
4
Page 4
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