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.
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ATTEST:
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Mattie Cunningham, City Clerk
APPROVED AS TO FORM:
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Stephanie H. Harris, Ass!. City Attorney
LEASE AGREEMENT
STATE OF TEXAS
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KNOW ALL MEN BY THESE PRESENTS:
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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
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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
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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
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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
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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
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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.
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14. Should LESSEE default in, or fail or refuse to kcep any of the covenants, conditions,
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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:
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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 )
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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 )
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COUNTY OF LAMAR )
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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