2000-150-RES APPROVING THE LEASE AGREEMENT WITH THE
RESOLUTION NO. 2000-150
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS,
PARIS, TEXAS, APPROVING THE LEASE AGREEMENT WITH THE
CHAMBER OF COMMERCE OF LAMAR COUNTY, INC. FOR THE CITY
OF PARIS'S UNDIVIDED INTERESTIN AND TO LOTS 1,2, AND 2A, CITY
BLOCK201-B; MAKING OTHER FINDINGS AND PROVISIONS RELA TED
TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Paris did, by deed dated March 27, 1984, receive a three-tenths
(3/10) undivided interest in and to Lots 1,2, and 2A, City Block 201-B, upon which the Chamber
of Commerce of Lamar County office is located; and,
WHEREAS, the City Council of the City of Paris did heretofore, on thell th day of August,
1995, in Resolution No. 95-099, authorize the execution of a Lease Agreement with the Chamber
of Commerce of Lamar County, Inc. for the City's undivided interest in and to said property, which
lease expired on the 30th day of September, 2000; and,
WHEREAS, the City Council is desirous of continuing to lease its undivided interest in said
property to the Chamber of Commerce of Lamar County, Inc. for an additional term offive (5) years,
beginning October 1, 2000, and ending September 30, 2005; and,
WHEREAS, the form of the Lease Agreement, attached hereto as Exhibit A, should, in all
things, be approved, and the Mayor should be authorized to execute the same; NOW,
THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS,
TEXAS:
Section 1. That the findings set out in the preamble to this resolution are hereby in all things
approved.
Section 2. That the form of the Lease Agreement with the Chamber of Commerce of Lamar
County, Inc., for the City of Paris' s undivided interest in and to Lots 1,2, and 2A, City Block 201-B,
be, and the same is hereby, approved.
Section 3. That the Mayor be, and he is hereby, authorized and directed to execute, on behalf
of the City of Paris, the Lease Agreement with the Chamber of Commerce of Lamar County, Inc.,
upon the terms and conditions and in the form shown in Exhibit A, attached hereto.
Section 4. That this resolution shall be effective from and after its date of passage.
PASSED AND ADOPTED this 13th day of November, 2000.
?/~L~~)
Michael J. Pfiest , a
ATTEST:
Mattie Cunningham, ity Clerk
LEASE AGREEMENT
STATE OF TEXAS
COUNTY OF LAMAR
)
)
)
KNOW ALL MEN BY THESE PRESENTS:
THIS LEASE AGREEMENT is made this 13th day of November, 2000, by and between
the CITY OF PARIS, PARIS, TEXAS, a municipal corporation, acting by and through its Mayor,
Michael J. Pfiester, duly authorized, hereinafter called LESSOR, and the CHAMBER OF
COMMERCE OF LAMAR COUNTY, INC., Paris, Texas, acting by and through its President, Gary
Vest, duly authorized, hereinafter called LESSEE.
WITNES SETH:
For and in consideration of the payment to the CITY OF PARIS of the sum of One and
no/lOO Dollars ($1.00), and other good and valuable consideration, the CITY OF PARIS does hereby
lease, rent, and let unto the CHAMBER OF COMMERCE OF LAMAR COUNTY, INC. all its
undivided interest in and to the property described on Exhibit A, attached hereto and made a part
hereof for all legal purposes.
The term of this Lease is for five (5) years, beginning on the 1st day of October, 2000, and
ending on the 30th day of September, 2005.
IN CONSIDERATION WHEREOF, it is mutually agreed by and between LESSOR and
LESSEE:
1. That LESSEE will use and maintain the described premises for Visitors and Convention
Council activities, as permitted by Section 30-38 of the Code of Ordinances of the City of Paris, and
for Chamber of Commerce activities.
2. That LESSEE will be responsible for the maintenance, repair, and upkeep of the said
premises, ordinary wear and tear excepted.
3. 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
I
eXHIBIT A
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 $250,000.00 per person and $500,000.00 for any single occurrence for bodily
injury or death and $100,000.00 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
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, 150 1st
Street S.E., 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.
2
4. That LESSEE will not sublet the rented premises, or any part thereof, without the consent,
in writing, of LESSOR first had and obtained, provided, however, that such consent may be given
by the City Manager in the event such subletting shall not exceed one week.
5. That no new structures, repairs, improvements, or changes in locations or otherwise will
be made to any buildings, structures, fences, or other things located thereon without the prior written
approval of LESSOR.
6. That LESSOR shall have the right and privilege of using any portion of said property so
leased for functions sponsored by the City of Paris, or any department thereof, which function has
been approved by the City Council of the City of Paris, which use shall be conducted on a non-
interfering basis with the Chamber of Commerce of Lamar County, Inc.'s activity.
7. 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
LESSOR, and in the event such default, failure, or refusal has not been corrected or performed
within sixty (60) days from the date of such notice, then this Lease contract 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.
8. All notices provided for herein must be made by registered or certified mail, return receipt
requested.
WITNESS our hands this 13th day of November, 2000.
CITY OF PARIS, PARIS, TEXAS
By:
Michael J. Pfiester, Mayor
ATTEST:
Mattie Cunningham, City ClerkL
3
APPROVED AS TO FORM:
Larry W. Schenk, City Attorney
CHAMBER OF COMMERCE OF LAMAR
COUNTY, INC.
By:
Gary Vest, President
ATTEST:
, Secretary
STATE OF TEXAS )
)
COUNTY OF LAMAR )
BEFORE ME, the undersigned authority, on this day personally appeared MICHAEL J.
PFIESTER, 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 13th day of November, 2000.
Notary Public, State of Texas
STATE OF TEXAS )
)
COUNTY OF LAMAR )
BEFORE ME, the undersigned authority, on this day personally appeared GARY VEST,
President ofthe Chamber of Commerce of Lamar County, Inc., 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
,2000.
Notary Public, State of Texas
4
EXHIBIT A
TRACT 1
Field notes of a survey of Lots 2 and 2-A of City Block No. 102-B, situated within the
Corporate Limits of the City of Paris, Lamar County, Texas; being a part of the Larkin Rattan
Survey, Abstract No. 778; also being the same property described in a Deed from Douglas M.
Solomon to George D. Solomon, recorded in Volume 523, Page 607, Lamar County Deed Records;
said tract being more particularly described as follows, to-wit:
BEGINNING at an iron pipe set for a comer, said point being the southwest comer of Lot
2 of said Block 102-B; also being a point in the east boundary line of 16th Street S.E.; also being a
point 63 feet north of the point of intersection of the east boundary line of 16th Street S.E. and the
north boundary line of Clarksville Street;
THENCE with the east boundary line of said 16th Street S.E., at 88 feet passing the
northwest comer of Lot 2, continuing in all North 00 55' West a distance of 140.5 feet to an iron pipe
set for a comer, said point being the northwest comer of Lot 2-A;
THENCE with the north boundary line of Lot 2-A, North 890 55' East a distance of 148.5 feet
to an iron pipe set for a comer, said point being the northeast comer of Lot 2-A and being a point in
the west boundary line of 17th Street S.E.;
THENCE with the west boundary line of 17th Street S.E., at 55.7 feet passing the southeast
comer of said Lot 2-A, continuing in all South 00 06' East a distance of 150.2 feet to an iron pipe set
for a comer, said point being the southeast comer of Lot 2;
THENCE with the south boundary line of said Lot 2, North 860 19' West a distance of 147.1
feet to the place of beginning.
TRACT 2
Field notes of a survey of Lot 1 of City Block No. 102-B, situated within the Corporate
Limits of the City of Paris, Lamar County, Texas; being a part ofthe Larkin Rattan Survey, Abstract
No. 778; also being the same property described in a Deed from George D. Solomon to Socony
Mobil Oil Company, dated July 29, 1960, recorded in Volume 368, Page 480, Lamar County Deed
Records; said Lot 1 being more particularly described as follows, to-wit:
BEGINNING at an iron pipe set for a comer, said point being the southwest comer of said
Lot 1; also being the point of intersection ofthe east boundary line of 16th Street S.E. and the north
boundary line of Clarksville Street;
THENCE with the east boundary line of 16th Street S.E., North 00 55' West a distance of63
feet to an iron pipe set for a comer, said point being the northwest comer of said Lot 1;
THENCE with the north boundary line of said Lot 1, South 86019' East a distance of 147.1
feet to an iron pipe set for a comer, said point being the northeast comer of said Lot 1 and being a
point in the west boundary line of 17th Street S.E.;
THENCE with the west boundary line of said 17th Street S.E., South 00 06' East a distance
of 160 feet to an iron pipe set for a comer, said point being the southeast comer of Lot 1 and being
the point of intersection of the west boundary line of 17th Street S.E. and the north boundary line
of Clarksville Street;
THENCE with the north boundary line of said Clarksville Street, North 530 50' West a
distance of 180.5 to the place of beginning.
5