2010-044 RES APPROVING AND AUTHORIZING EXECUTION OF LEASE AGREEMENT BETWEEN THE CITY AND GREATER PARIS DEV FOUNDATION

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LESSEE agrees to maintain the property for public recreational purposes as a walking and bicycle path or for other similar park purposes, solely by non-motorized means, save and except for parking lots which may be constructed thereby; provided, however, these premises may also be used for other public purposes not inconsistent with park purposes, including, but not limited to, right-of-way for sewer lines, water lines, and associated appurtenances, for other similar utility purposes, and for right-of-way for franchise utility purposes; provided further, however, the use of these premises for the purposes stated herein shall not obligate LESSEE to expend any certain funds for the care and maintenance of the aforesaid premises, nor shall same act in any way as a limitation on LESSEE'S ability to regulate the day to day operation and use of said premises for the purposes stated herein, including, but not limited to LESSEE's ability to sublease or otherwise similarly convey portions of said premises from time to time in support of purposes herein stated throughout the term of this Lease Agreement. LESSEE also agrees to remove vegetation and brush, maintain the existing walking and bicycle track, and improve lighting for security during the term of this Lease. That LESSEE agrees to indemnify, save, keep, and hold harmless LESSOR from and against any and all demands, debts, liabilities, suits, claims, and causes of action of every kind and character whatsoever for damages or injuries to persons and/or property occurring on the leased premises to the extent allowed and permitted by law; provided, further, nothing herein shall act as a waiver or release of LESSEE' sovereign or governmental immunity. That LESSEE will not sublet the rented premises, or any part thereof, without the consent, in writing, of LESSOR first had and obtained. No new structures, buildings, barriers or fences shall be made or erected on the premises by the LESSEE without the prior written consent and approval of the LESSOR. That LESSOR is a not for profit corporation and that LESSEE will defend LESSOR'S status as tax exempt for ad valorem real estate taxes on the leased premises. Should LESSEE default in, or fail or refuse to keep any of the covenants, conditions, stipulations, and/or provisions herein contained, notice thereof shall be given to LESSEE by Page 2 of 4