07 - GIRL SCOUT LEASE RENEWALItem No. 7
memorandum
TO: Mayor & City Council
FROM: John Godwin, City Manager
SUBJECT: GIRL SCOUT LEASE RENEWAL
DATE: March 6, 2017
BACKGROUND: For a number of years, the Girl Scout Council of Red River Valley has leased
city property at Lake Gibbons. The current lease began February 10, 2007, and was renewed in
2012 for a second five -year term, which recently expired. The scouts use the area for picnics,
swimming, camping, etc., and are required to perform maintenance and provide insurance.
STATUS OF ISSUE: The agreement has gone well for both parties for many years, and the Girl
Scouts have requested another renewal. This is a good use of public property and reduces the
acreage and facilities required to be maintained by limited city staff.
BUDGET: NA.
RECOMMENDATION: Approve renewal of lease for additional five years.
LEASE AGREEMENT
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LAMAR §
THIS AGREEMENT IS MADE AND ENTERED INTO this _day of ,
2017, by and between the CITY OF PARIS, TEXAS, a municipal corporation, acting by and
through its Mayor, duly authorized, hereinafter referred to as LESSOR, and the GIRL SCOUT
COUNCIL OF RED RIVER VALLEY, a corporation, acting by and through its President, duly
authorized, hereinafter referred to as LESSEE, WITNESSETH:
That the said LESSOR does by these presents lease and demise unto the said LESSEE the
following described property, to —wit:
SITUATED within the corporate limits of the City of Paris, County
of I amar, State of Texas, a part of the Hobbs #A447, N. Matheison #A.640,
Wallace #A1035, and Harrell #443 Surveys, and being a part and portion of
Lake Gibbons and the property owned by the City of Paris and known as the bake
Gibbons property, and being more particularly described as follows:
BEGINNING at the most eastern southeast comer of said Lake
Gibbons property:
THENCE westerly with the boundaries of said Lake Gibbons property to
the northwest comer of the Hathaway property,
THENCE N 35° W across said. lake and lake property approximately
3,34.5 feet to a point on the north boundary line of said property, said point being
the west end of the most northerly boundary line,
THENCE southeasterly with the meanders of the present boundaries of
said property to the place of beginning,
To be occupied and used for the benefit of the Girl Scouts, and otherwise, upon the covenants
and conditions following:
1. This lease shall be for an initial term of five (5) years beginning April 1, 2017 and ending
March 31, 2022, with an option to renew said lease at the expiration of the initial term, for an
additional five (5) year term by producing written notice to LESSOR of LESSEE's intention to
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renew said lease thirty (30) days prior to the expiration of the initial term of said lease; provided
however, the City shall have the right in each calendar year of the initial term or any renewal
thereof to cancel said lease by giving at least thirty (30) days advance written notice to
LESSEE of LESSOR's intent to terminate the lease, said termination to be effective thirty (30)
days later, but no sooner than April 1 st of that calendar year.
2. In consideration of the payment of one dollar ($1.00) per year and other good and
valuable consideration by the Red River Valley Girl Scout Council, the receipt of which is
hereby acknowledged, LESSOR hereby lets, leases and demises the property to the Red River
Valley Girl Scout Council in and for the term and pursuant to the conditions set out herein.
3. LESSEE shall be bound and obligated to properly maintain, care for, and keep clean the
picnic grounds and swimming area and approaches thereto, and LESSEE shall make
arrangements for and maintain a groundskeeper or caretaker to look after, protect, and care for
the property and grounds of said leased premises during the term of said lease.
4. At all times during the term of said lease, LESSEE shall have the sole and exclusive use
of the premises above described and shall be charged with the supervision and control thereof.
5. LESSOR shall not be liable to LESSEE or its employees, patrons, invitees, or visitors, for
any personal or bodily injuries (including death) or damage to any property caused by the act of
negligence of anyone upon or using said leased premises, or any part thereof, or due to any
building, pier, or structure of any kind located thereon being improperly constructed, or being or
becoming out of repair, nor for any damages from any defects or want of repair of any part of the
building or structure of which the leased premises form a part, but LESSEE accepts such
premises as suitable for the purposes for which same are leased and accepts the building and
structures of which the leased premises form a part, and waives defects therein and agrees to hold
LESSOR harmless from all claims for any such damage.
6. LESSEE agrees to make at its sole cost and expense any and all repairs and
improvements deemed necessary upon and to the leased premises or any structure thereon at any
time during the period of this lease.
7. LESSEE hereby agrees to defend, indemnify, and hold LESSOR, its elected officials,
officers, and employees harmless from and against any and all debts, liabilities, suits, claims, and
causes of action of every kind and character whatsoever for damage or injuries to persons and /or
property occurring on the leased premises resulting from LESSEE, its invitees, agents, servants,
or employees' use, and LESSOR shall not be liable to LESSEE, its invitees, agents, servants,
employees, or visitors due to the improvements located thereon, or hereafter constructed, or any
other condition of the premises being improperly constructed, maintained, or being or becoming
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out of repair, LESSEE hereby accepting the leased premises and all improvements thereon AS
IS.
8. LESSEE must at all times during the term of this agreement, and any extensions thereof,
keep and maintain in full force and effect a policy or policies of insurance, providing at least
$250,000 per person and $500,000 for any single occurrence for bodily injury or death and
$100,000 for any single occurrence for injury to or destruction of property, indemnifying
LESSOR for any and all damages, personal injuries, or property damages sustained in or upon
the premises of said leased property, or any part thereof, as the result of the negligence of
LESSEE, its invitees, agents, servants, or employees, and shall pay all premiums due thereon
when due. It is expressly provided that such insurance policy or policies shall and must be
written and issued by a reputable insurance company or companies, with LESSOR, its elected
officials, officers, and employees included as additional insured, subject to approval by the City
Attorney of the City of Paris, and LESSEE or its insurance carrier or carriers shall deliver a copy
of any and all such policies to the City Clerk of the City of Paris, 150 1St Street S.E., Paris, Texas
75460, and furnish to City so that LESSOR will be notified of cancellation or of any restrictive
amendment of the policies at least thirty (30) days prior to the effective date of such cancellation
or amendment. Notice shall be by certified mail, return receipt requested, addressed to the
LESSOR at the following address: City Clerk, City of Paris, P.O. Box 9037, Paris, Texas 75461-
9037.
IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and
year first above written,
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
Stephanie H. Harris, City Attorney
By:
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CITY OF PARIS, PARIS, TEXAS LESSEE
A. J. Hashmi, Mayor