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1999-086-PLACEMENT OF A HAM RADIO REPEATER ON BASE OF WATER STORAGE TANK AT 25TH ST. N.E. RESOLUTION NO. QQ-OR6 WHEREAS, the City Council of the City of Paris is in receipt of a request from the Red River Valley Amateur Radio Club to permit the placement of a ham radio repeater on and an equipment/power supply building at the base of the elevated water storage tank on 25th Street N.E.; and, WHEREAS, ham radios are often the only means of communication during a natural disaster, and it is deemed to be in the best interests of the citizens of Paris that such placement be permitted; and, WHEREAS, the form of the Lease Agreement, attached hereto as Exhibit A, should, in all things, be approved, and the Mayor, Charles H. Neeley, should be authorized to execute the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the form of the Lease Agreement with the Red River Valley Amateur Radio Club, attached hereto as Exhibit A, for the placement of a ham radio repeater on and an equipment/power supply building at the base of the elevated water storage tank on 25th Street N,E. be, and the same is hereby, approved; and, BE IT FURTHER RESOLVED, that the Mayor, Charles H. Neeley, be, and he is hereby, authorized and directed to execute, on behalf of the City of Paris, the Lease Agreement, under the terms and conditions and in the form shown in Exhibit A, attached hereto. PASSED AND ADOPTED this 12th day of July, 1999. d~ ATTEST: ~ Mattie Cunningham, City Clerk APPROVED AS TO FORM: ~~~ Stephanie H. Harris, Ass!. City Attorney LEASE AGREEMENT STATE OF TEXAS ) ) ) KNOW ALL MEN BY THESE PRESENTS: r COUNTY OF LAMAR THIS LEASE AGREEMENT is made this 12th day of July, 1999, by and between the CITY OF PARIS, PARIS, TEXAS, a municipal corporation, acting by and through its Mayor, Charles H. Neeley, duly authorized, hereinafter refcrred to as LESSOR, and the RED RIVER VALLEY AMATEUR RADIO CLUB, c/o 707 Lamar Avenue, Suite M, Paris, Lamar County, Texas, acting by and through its Vice-Prcsident, Wayne D. Scott, duly authorized, hereinafter referred to as LESSEE. WITNESSETH For and in consideration of the provision of communications to the CITY OF PARIS, a municipal corporation, during a natural disaster, the CITY OF PARIS does hereby lease, rent, and let unto the RED RIVER V ALLEY AMATEUR RADIO CLUB that property known as Lot 10, City Block 258, and being the location of the elevated water storage tank on 25th Street N. E. IN CONSIDERATION WHEREOF, it is mutually agreed by and between LESSOR and LESSEE: 1. The term of this lease is for five (5) years, beginning on the I st day of September, 1999, and ending on the 31st day of August, 2004, at which time and on which date the same shall terminate, unless sooner terminated as herein specified and provided, during which time LESSEE may and shall use the same for the placement of a radio repeater and the placement of a portable building for the storage of equipment and a backup power supply. eXHIBIT A ", 2. LESSEE's use of the leased premises shall, at all times, be subordinate to the LESSOR's use, and the LESSOR may, at any time, prevent the LESSEE from entering onto and t' using such property if such use will interfere with necessary municipal functions. 3, That LESSEE will, at its sole cost and expense, place, construct, and maintain all necessary appurtenances for providing ham radio communications to serve the City of Paris and the surrounding area during a natural disaster. 4. That LESSEE will, during any major loss of communications within Paris or the surrounding area, permit LESSEE's employees or agents to enter onto the premises and supervise all communication operations provided by the Red River Valley Amateur Radio Club. 5, That LESSEE will police and supervise the safe use of the leased property, 6. 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 damage or injuries to persons and/or property occurring on the leased premises resulting from LESSEE'S, 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 out of repair, LESSEE hereby waiving any defects therein and agrees to hold and save LESSOR harmless from all claims for any such damages or injuries, and LESSEE must, at all times during the term of this agreement and any extensions hereof, keep and maintain in full force and effect a policy or policies of insurance, providing at least $250,000.0.0. per person and $50.0,0.00..0.0 for any single occurrence for bodily injury or death and $100,0.00.0.0 for any single occurrence for injury to or destruction of property, indemnifying all persons 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 t' 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 as an 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 such policies to the City Clerk of the City of Paris, ISO 1st Street S,E. Street, Paris, Texas 75460, or furnish to said City Clerk a current letter or certificate from such company or companies evidencing the fact that such insurance is in full force and effect at all times during this lease and any extension hereof, and specifically noting thereon that LESSOR is an additional insured. All such policies shall be written so that the 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. 7. Any and all structures, or parts thereof, placed upon the leased premises shall be considered as and shall remain the personal property of the LESSEE, and LESSEE shall have the right to remove, and the obligation to remove, if so requested by LESSOR, the same within a reasonable time upon termination of this Lease or any renewal hereof. 8. That LESSEE shall not commit, or suffer to be committed, any waste on the leased premises, nor shall LESSEE maintain, commit, or permit the maintenance or commission of any nuisance on the leased premises or use the leased premises for any unlawful purpose. LESSEE shall not do or permit anything to be done in or about the leased premises which shall in any way conflict with any law, ordinance, rule, or regulation affecting the occupancy and use of the leased t' premises which is or may hereafter be enacted or promulgated by any public authority; or suffer to be committed any waste on the leased premises; or allow the premises to be used for any improper, immoral, or unlawful purpose. 9. That LESSEE will take good care of the leased premises and be responsible and make good to LESSOR all injuries and damages to the same caused by LESSEE or those under it and will deliver same to LESSOR at the expiration or termination of this lease in as good condition as when completed, usual wear and tear alone excepted; and LESSEE will, upon the expiration of this lease, peaceably yield up the premises to LESSOR. LESSEE shall not install, erect, or provide any device, in addition to such devises and equipment presently located at and in use and in connection with the operation of the leased premises, without first securing the written permission for such installation or provision from the City Manager of the City of Paris. The location of the placement of any device or structure shall be approved by the City Engineer and the Utilities Director prior to any such placement. 10. That it shall be lawful for LESSOR to enter upon and into the leased premises and every part thereof, including any structures placed by the LESSEE, at all times for the purpose of inspecting and examining the condition thereof. t I, That LESSEE shall not sublet the rented premises or any part thereof. 12. That LESSOR shall have the right and privilege of using any portion of said property so leased for necessary functions of the City of Paris, or any department thereof, which use shall be superior to the use of the LESSEE. 13. That LESSOR shall have the right and privilege, at its option, to terminate this lease for necessary municipal functions so declared by the City Council of the City of Paris, and upon the giving of thirty (30) days written notice by LESSOR, LESSEE shall vacate such portion to be so utilized, and shall be given the privilege of removing any improvement constructed on said property by LESSEE. r 14. Should LESSEE default in, or fail or refuse to kcep any of the covenants, conditions, . stipulations, and/or provisions herein contained, notice thereof shall be given to LESSEE by LESSOR, and in the event such default, failure or refusal has not been corrected or performed within thirty (30) days from the date of such notice, then this Lease may be terminated at LESSOR's option, and it shall be lawful for LESSOR to re-enter the leased premises and remove all persons, property, and effects therefrom, all and every claim for damages for or by reason of said re-entry being expressly waived. 15. That all notices provided for herein must be made by registered or certified mail, return receipt requested, addressed as follows: If to LESSOR: City Clerk City of Paris P. 0, Box 9037 Paris, TX 75461-9037 If to LESSEE: Wayne D. Scott, Vice-President Red River Valley Amateur Radio Club 707 Lamar Avenue, Suite M Paris, TX 75460 That the parties have the right to change their addresses by giving at least fifteen (15) days written notice to the other party of the new address. EXECUTED on the dates shown in acknowledgments below. CITY OF PARIS, PARIS, TEXAS By: Charles H. Neeley, Mayor ATTEST: t' Mattie Cunningham, City Clerk APPROVED AS TO FORM: James Corley Henderson, Acting City Attorney RED RIVER V ALLEY AMATEUR RADIO CLUB By: Wayne D. Scott, Vice-President ATTEST: Secretary STATE OF TEXAS ) ) COUNTY OF LAMAR ) BEFORE ME, the undersigned authority, on this day personally appeared CHARLES H. NEELEY, Mayor of the City of Paris, Paris, Texas, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 12th day of July, 1999. Notary Public, State of Texas STATE OF TEXAS ) ) COUNTY OF LAMAR ) t' BEFORE ME, the undersigned authority, on this day personally appeared WAYNE D. SCOTT, Vice-President of Red River Valley Amateur Radio Club, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this _ day of July, 1999. Notary Public, State of Texas